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DAOUST v. PALMENTERI

109 A.D.2d 774 (1985)

Ronald Daoust, Appellant, v. Evelyn Palmenteri, Respondent. (And a Third-Party Action.)

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

March 11, 1985

Judgment reversed, on the law and as a matter of discretion, and new trial granted, with costs to abide the event.

The theory on which this case was tried was bailment and involved the alleged liability of a bailor for defects in the bailed property causing injury to the bailee. The evidence adduced at the trial indicates that defendant rented an apartment to plaintiff and another. In the apartment was a refrigerator belonging...

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