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CHUBB & SON, INC. v. EDELWEISS, INC.

258 A.D.2d 345 (1999)

685 N.Y.S.2d 221

CHUBB & SON, INC., MANAGER FEDERAL INSURANCE COMPANY, as Subrogee of TROPIC-TEX INTERNATIONAL, INC., Respondent, v. EDELWEISS, INC., Doing Business as VINTAGE VALET, Appellant.

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

Decided February 18, 1999.

Plaintiff's subrogor owned a car that was parked by defendant's employee on a public street, and not returned. The motion court correctly found that the parking transaction constituted a bailment as a matter of law, since defendant's dominion and control of the car was established by undisputed evidence that its employee took the key to the car and employed a "mandatory procedure" to ensure the key's return (see, e.g., Sealey...

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