Legal Opinion

Langenthal v. American Stuyvesant Garage

Civil Court of the City of New York

Decided December 4, 1972PublishedCited by 5 opinions

1Opinion of the CourtBichard W. Waldach, J.

This action by a car owner against a garage for unexplained disappearance and subsequent damage of the vehicle requires consideration of the detailed written contract executed and exchanged by the parties prior to the loss. Essentially this contract purports to create a long-term lease of space, and expressly negatives a bailment. The question presented here is whether this arrangement falls afoul of the statutory policy expressed in the General Obligations Law.

Generally, the owner of an automobile and the owner of real property are contractually free to define their relationship as that of…

2Cases cited11 opinions

  1. Claflin v. . MeyerNew York Court of Appeals · 1878
  2. Stewart v. . StoneNew York Court of Appeals · 1891
  3. Allen v. German American InsuranceNew York Court of Appeals · 1890
  4. Chase v. . the Hamilton Insurance CompanyNew York Court of Appeals · 1859
  5. Fidelity & Guaranty Insurance Corp. v. BallonAppellate Division of the Supreme Court of the State of New York · 1952

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Motors Insurance v. American Garages, Inc.Appellate Terms of the Supreme Court of New York · 1979
  2. Garlock v. Multiple Parking Services, Inc.Buffalo City Court · 1980
  3. Motors Insurance v. American Garages, Inc.Civil Court of the City of New York · 1978
  4. Horowitz v. Ambassador Associates, Inc.Civil Court of the City of New York · 1981
  5. Rembert v. Co-op City Parking Garage No. 2Appellate Terms of the Supreme Court of New York · 1975

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