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TISCHLER ROOFING v. SICOLO GARAGE

64 Misc.2d 825 (1970)

Tischler Roofing & Sheet Metal Works Co., Inc., Respondent, v. Sicolo Garage, Inc., et al., Appellants.

Supreme Court, Appellate Term, First Department.

October 13, 1970

Attorney(s) appearing for the Case

Fogarty & Nielsen (Douglas A. Boeckmann of counsel), for appellants. Williamson & Williamson (Kenneth Williamson of counsel), for respondent.

Concur — GOLD, J. P., MARKOWITZ and QUINN, JJ.

Per Curiam.

This action to recover for breach of contract of bailment of plaintiff's automobile is governed by the three-year negligence statute (CPLR 214, subd. 4) and not the six-year "contractual obligation or liability" statute (CPLR 213, subd. 2). While the bailment transaction arose in contract, the obligation or liability is the common-law duty of due care and the grounds of recovery are defendants' negligence. In determining the applicable Statute of...

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