PAYNE v. COUNTY OF SULLIVAN


12 A.D.3d 807 (2004)

784 N.Y.S.2d 251

JOHN PAYNE et al., Appellants, v. COUNTY OF SULLIVAN et al., Respondents.

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

November 10, 2004.


Spain, J.

Plaintiff John Payne (hereinafter plaintiff) owns and operates plaintiff Payne in the Rear, Inc., a boat storage and repair facility in the Village of Monticello, Sullivan County. In September 2002, plaintiff agreed to winterize and store defendant Ann Marlow's boat. The parties dispute whether Marlow's consent to store her boat at plaintiff's facility was conditioned upon plaintiff retrieving Marlow's trailer...

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