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DAVIS v. LAMPERT AGENCY

30 A.D.2d 299 (1968)

Richard Davis, Respondent, v. Lampert Agency, Inc., Appellant and Third-Party Plaintiff. K & L Color Service Incorporated, Third-Party Defendant

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

July 2, 1968.

Attorney(s) appearing for the Case

John M. Percy of counsel (J. Robert Morris, attorney), for the Lampert Agency, Inc., appellant.

Robert M. Cavallo for respondent.

Mark Abramowitz of counsel (Michael J. Shef with him on the brief; Parker, Chapin & Flattau, attorneys), for third-party defendant.

McGIVERN, McNALLY and MACKEN, JJ., concur with BOTEIN, P. J.; STEVENS, J., dissents in opinion.

BOTEIN, P. J.

For a payment to him of $400 plaintiff, a photographer, made an oral lease to defendant of a photographic transparency, which defendant agreed to return "in the condition that it was leased." Defendant is an advertising agency and not engaged in the business of photography. For the purpose of having an enlarged print made, defendant sent the transparency to K & L Color Service Incorporated,...

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