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GEN. MTRS. ACCEPTANCE CORP. v. GRAFINGER

61 Misc.2d 670 (1969)

General Motors Acceptance Corp., Plaintiff, v. Harold Grafinger et al., Defendants and Third-Party Plaintiffs. Motors Insurance Corporation et al., Third-Party Defendants.

Civil Court of the City of New York, Trial Term, New York County.

December 19, 1969

Attorney(s) appearing for the Case

Williamson & Williamson (Jules Goldstein of counsel), for plaintiff. Neal Forman for defendants and third-party plaintiffs. Dillon, Haber & Dillon (Howard C. Kochendorfer of counsel), for Motors Insurance Corporation, third-party defendant. Harold M. Foster and James J. De Luca for Gracie Mansion Garage, Inc., third-party defendant.

ALLEN M. MYERS, J.

All the other actions having been disposed of, we are left with an action by the third-party plaintiffs (hereinafter referred to as the Grafingers) against Gracie Mansion Garage, Inc., a third-party defendant for breach of bailment of certain personal property left in an automobile. The third-party defendant now moves to dismiss the complaint of this cause of action.

The undisputed...

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