Legal Opinion
Linares v. Edison Parking, Inc.
Civil Court of the City of New York
Decided March 23, 1979PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Ira Gammerman, J.
In this action for the loss of the front wheels and tires of an automobile, the court finds, as a matter of law, that no bailment was created when plaintiff parked his car in the garage of defendant. The court further finds, however, as a matter of fact, from the proof and reasonable inferences to be drawn from that proof, that defendant was negligent, through the acts and failure to act of its employee, and that such negligence was the proximate cause of the loss sustained by the plaintiff. The court finds that the removal of the wheels and tires, in the…
2Cases cited7 opinions
- Ellish v. Airport Parking Co. of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1973
- Hogan v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1925
- Hogan v. O'BrienNew York Supreme Court · 1924
- Makower v. Kinney SystemCivil Court of the City of New York · 1971
- Peralta v. Port of New York AuthorityAppellate Terms of the Supreme Court of New York · 1973
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Brown v. StinsonDistrict Court, S.D. New York · 1993
- Fireman's Fund Insurance v. Wagner Fur, Inc.District Court, S.D. New York · 1991
- Beazer v. New York City HealthAppellate Division of the Supreme Court of the State of New York · 2010
- Rodriguez v. Central Parking System of New York, Inc.Civil Court of the City of New York · 2005
- Waterton v. Linden Motor Inc.Civil Court of the City of New York · 2006