MOTORS INS v. AMER GARAGES


94 Misc.2d 338 (1978)

Motors Insurance Corporation, as Subrogee of Rex Pontiac, Plaintiff, v. American Garages, Inc., Doing Business as American Stuyvesant Garages, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

April 24, 1978


Attorney(s) appearing for the Case

Dillon, Haber & Dillon (Carl Lederer of counsel), for plaintiff. Shedler, Weiss, Kozupsky & Unger (Seymour Unger of counsel), for defendant.


BARRY SALMAN, J.

In this case tried without a jury, the court makes the following findings of facts and conclusions of law. Thomas Re, an officer of plaintiff's subrogor, parked and locked an automobile in the defendant's garage on the night of July 16, 1976 at or about 7 P.M. He had maintained a parking space therein since 1969 pursuant to a written "Full Time storage contract" which incorporates by reference...

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