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ZARITSKY v. THRIFTY 381 STORES, INC.

67 Misc.2d 148 (1971)

Joyce Zaritsky, Respondent, v. Thrifty 381 Stores, Inc., Appellant. Rosalie L. Chuk, Respondent, v. Thrifty 871 Stores, Inc., Appellant. Thomas Brown, Respondent, v. Thrifty 381 Stores, Inc., Appellant. Sam Shapiro, Respondent, v. Thrifty 871 Stores, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

June 7, 1971

Attorney(s) appearing for the Case

Milton Davidoff for appellants. Rupert Holland for respondents.

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

Per Curiam.

The owner of a cleaning store which merely collects clothing for cleaning elsewhere and contains no highly flammable material has no duty, in the absence of statute, to install a sprinkler or other fire alarm system. It was error to predicate a finding of negligence on failure to install such apparatus. Since a bailee for mutual benefit is not an insurer and no liability exists for loss of property by...

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