FALLER v. SCALI, McCABE, SLOVES, INC.


198 A.D.2d 96 (1993)

603 N.Y.S.2d 469

Will Faller, Respondent, v. Scali, McCabe, Sloves, Inc., Appellant, et al., Defendants. (And a Third-Party Action.)

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

November 16, 1993


In this action for damages brought by a photographer for the loss of his photo transparencies against the advertising agency that sought to return them by private courier, the IAS Court found a "question of fact involving whether there should have been insurance". We affirm, but for the different reason that a bailment for hire having been created when the transparencies were initially entrusted to appellant, an issue of fact exists whether appellant failed to exercise reasonable...

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