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LIBERTY MUT. INS. v. MEYERS BROS.

75 Misc.2d 103 (1972)

Liberty Mutual Insurance Co., as Subrogee of Duncan B. Parsons, Respondent, v. Meyers Brothers Operations, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

April 26, 1972

Attorney(s) appearing for the Case

Heller & Heller (Hugh M. Heller of counsel), for appellant. Albert P. Thill and A. Paul Goldblum for respondent.

Concur — GROAT, P. J., SCHWARTZWALD and MARGETT, JJ.

Per Curiam.

Plaintiff failed to establish the creation of a bailment relationship when its subrogor parked his automobile in defendant's parking lot (see Ellish v. Airport Parking Co. of Amer., 69 Misc.2d 837, decided herewith).

Judgment unanimously reversed, without costs, and complaint...

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