Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term properly denied plaintiff's motion for summary judgment on the issue of liability. The court erred, however, in determining, as a matter of law, "that the storage of plaintiff's merchandise with defendant at the time of plaintiff's loss, constitutes a bailment for the mutual benefit of both parties and not a gratuitous bailment." The record reveals...
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