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ELLISH v. AIRPORT PARKING CO.

42 A.D.2d 174 (1973)

Lenore Ellish, Appellant, v. Airport Parking Company of America, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 9, 1973.

Attorney(s) appearing for the Case

William S. Infeld (Leonard N. Shapiro of counsel), for appellant.

Robert Swaybill for respondent.

CHRIST and BENJAMIN, JJ., concur with HOPKINS, Acting P. J.; SHAPIRO, J., dissents and votes to reverse and to reinstate the judgment of the Civil Court of the City of New York, Queens County, with an opinion, in which LATHAM, J., concurs.

HOPKINS, Acting P. J.

About to leave on a flight from John F. Kennedy International Airport on September 1, 1966, the plaintiff parked her automobile in a lot operated by the defendant under an agreement with the Port of New York Authority. When she returned on September 5, 1966, her automobile had disappeared. Claiming that the defendant was responsible for the loss, she brought this suit. The Civil Court granted...

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