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BERGER v. 34TH ST. GARAGE

3 N.Y.2d 701 (1958)

Hilda Berger et al., Doing Business as J. B. Express Company, as Successors in Interest to Louis Berger, Deceased, et al., Doing Business as J. B. Express Co., Appellants, v. 34th Street Garage, Inc., Respondent.

Court of Appeals of the State of New York.

Decided February 27, 1958.

Attorney(s) appearing for the Case

Solomon M. Cheser, Benjamin L. Tell and Seymour Lefkowitz for appellants.

Bigham, Englar, Jones & Houston for the Institute of Marine Underwriters of the United States, amicus curiæ, in support of appellants' position.

Robert F. Doran for Federal Insurance Company and others, amici curiæ, in support of appellants' position.

Paxton Blair and Armand Gilinsky for respondent.

Chief Judge CONWAY and Judges DESMOND, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

DYE, J.

The sole question presented in this appeal by permission of the Appellate Division, First Department (3 A.D.2d 661) is whether, on the facts of this record, a sub-bailee has the benefit of the limited liability enjoyed by the original bailee.

The issue arose out of the following circumstances:

The plaintiff is a local expressman engaged in the business...

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