KLOTZ v. EL MOROCCO INT.


63 Misc.2d 489 (1968)

Joseph Klotz, Respondent, v. El Morocco International, Ltd., Appellant, et al., Defendant.

Supreme Court, Appellate Term, First Department.

December 6, 1968


Attorney(s) appearing for the Case

Anthony G. Di Falco for appellant. Herman Brothers for respondent.

Concur — STREIT, GOLD and HOFSTADTER, JJ.


Per Curiam.

The record clearly establishes the defendant exercised that degree of ordinary care required of a bailee for mutual benefit. Consequently, the subsequent loss by defendant of the vehicle here involved was not occasioned by any negligence on the part of the defendant bailee.

The judgment should be reversed, with $30 costs, and judgment directed for defendant, with costs.

Judgment...

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