JACOBS v. ALRAE HOTEL CORP.


4 Misc.2d 665 (1956)

Stella Jacobs, Plaintiff, v. Alrae Hotel Corp., Defendant.

Supreme Court, Trial Term, New York County.

December 14, 1956.


Attorney(s) appearing for the Case

Joseph Haskell for plaintiff.

Milton Gerber for defendant.


FRANCIS X. CONLON, J.

In the court's opinion the evidence establishes that the negligence of defendant contributed to the loss of plaintiff's jewelry. A theft or burglary does not exonerate a bailee if the latter's lack of proper care has made the loss possible (Faucett v. Nichols, 64 N.Y. 377; Collins v. Burns, 63 N.Y. 1, 7). Had the doors of the safe been locked at the time of the robbery, the fact that the unit or section, which included...

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