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DUPONT v. JOEDON & CO.

107 A.D.2d 369 (1985)

Richard Dupont, Doing Business as Dupont Estates, et al., Plaintiffs, v. Joedon & Company et al., Appellants, and James Caffrey et al., Respondents, et al., Defendants

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

March 26, 1985

Attorney(s) appearing for the Case

Linda E. Kupersmith of counsel (Kupersmith & Kupersmith, attorneys), for James Caffrey and others, respondents.

Raymond A. Bragar of counsel (Paul D. Wexler with him on the brief; Bragar & Wexler, attorneys), for Joedon & Company and another, appellants.

MURPHY, P. J., SANDLER, ROSS and CARRO, JJ., concur.

FEIN, J.

The issue on this appeal is the liability of defendants Joedon & Company (Joedon) and Donald Zucker, and the extent thereof, for moving and storage charges stemming from the removal by defendant The Padded Wagon, Inc. (Wagon), on January 9-11, 1979, of gym equipment owned by plaintiff, a commercial tenant of Joedon and Zucker. When plaintiff was evicted from the premises owned by Joedon and Zucker, plaintiff's equipment

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