FISCHER v. HERMAN


63 Misc.2d 44 (1970)

Donald Fischer, Plaintiff, v. Milton C. Herman, Defendant.

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

March 11, 1970


Attorney(s) appearing for the Case

Larry Wenig for plaintiff. Levy, Gutman & Goldberg (David P. Slater of counsel), for defendant.


LEONARD H. SANDLER, J.

In this suit for damages for breach of a bailment contract it is undisputed that defendant accepted from plaintiff's wife a fur coat for storage in May, 1966, and that the coat was missing when demanded in October, 1966.

Two principal defenses were presented at the trial. First, that the coat had been stolen during a burglary, and that the defendant had exercised due care to safeguard...

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