BARCO AUTO LEASING CORP. v. ATLAS CO.


165 A.D.2d 851 (1990)

Barco Auto Leasing Corp., Respondent, v. Atlas Co. et al., Appellants

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

September 24, 1990


Ordered that the order and judgment is affirmed, with costs.

On or about July 10, 1987, the plaintiff agreed to lease to the defendant Atlas Co., a 1987 Nissan automobile, for commercial purposes, at $541.25 per month for 36 months, with an option to purchase at the expiration of the lease term. The lease further provided that the lessee assumed the responsibility for "[a]ny loss to the vehicle from * * * THEFT". The defendant Nissim Mizrachi, who had executed the...

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