ATLAS ASSURANCE CO., LTD. v. BARRY TIRE & SERV. CO.


3 A.D.2d 787 (1957)

Atlas Assurance Company, Ltd., Respondent, v. Barry Tire & Service Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 14, 1957


Plaintiff sues for damages resulting from its automobile being stolen from defendant's parking lot where it had been stored for a fee. The first cause of action in the complaint alleges the contract of bailment and the negligence of defendant resulting in the theft. The second cause of action alleges the contract of bailment and damage, without any allegation of negligence. There is no dispute as to when the cause of action arose, and concededly the three-year Statute of...

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