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GREENE STEEL & WIRE v. MEYERS BROS.

44 Misc.2d 646 (1964)

Greene Steel & Wire Co., Inc., Respondent, v. Meyers Bros. Operations, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

November 5, 1964

Attorney(s) appearing for the Case

Rosenberg, Stone & Notkins (Richard C. Reiner and J. Jacques Stone of counsel), for appellant.

Concur — HOFSTADTER, J. P., TILZER and GOLD, JJ.

Per Curiam.

Plaintiff alleged a cause of action for breach of a contract of bailment. Whether a person simply hires a place to put his car or whether he has turned its possession over to the care and custody of another depends on the place and conditions of the transaction (Osborn v. Cline, 263 N.Y. 434, 437). The place and conditions of the instant transaction are undisputed and are set forth with sufficient...

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