JAYS CREATIONS, INC. v. HERTZ CORP.


42 A.D.2d 534 (1973)

Jays Creations, Inc., Appellant, v. Hertz Corporation, Defendant and Third-Party Plaintiff-Respondent. Excellent Trucking Co., Inc., Third-Party Defendant

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

June 12, 1973


Plaintiff offered proof at the trial that respondent, the Hertz Corporation, accepted for overnight storing, a truck, loaded with merchandise. The truck had been leased by the third-party defendant from Hertz. The merchandise was plaintiff's property. The record sustains plaintiff's contention that it established a prima facie case. Plaintiff's witness, Ravenell, testified that when he left the truck at the Hertz garage on January 30, 1969 he told a Hertz employee that it...

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