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HUTTON v. PUB. STOR. MGT.

177 Misc.2d 540 (1998)

676 N.Y.S.2d 886

Winston Hutton, Respondent, v. Public Storage Management, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

April 28, 1998

Attorney(s) appearing for the Case

Piken & Piken, P. C., Bellmore (Kenneth M. Piken of counsel), for appellant. Cullen & Dykman, Brooklyn (Kelly S. Mack of counsel), for respondent.

KASSOFF, P. J., CHETTA and PATTERSON, JJ., concur.

MEMORANDUM.

Judgment unanimously reversed without costs and complaint dismissed.

One of the essential elements of a bailment is that the property be taken into the possession of the bailee (Osborn v Cline, 263 N.Y. 434, 437). The determination as to whether the relationship is one of bailor and bailee turns on whether there is a relinquishment of exclusive possession, control and dominion over the property...

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