Jays Creations, Inc. v. Hertz Corp.

Judgment, Supreme Court, New York County, entered on June 22, 1972, dismissing the complaint and the third-party complaint at the close of plaintiff’s case on a trial before the court and a jury, unanimously modified, on the law, to reverse the dismissal of the complaint, and a new trial directed as against defendant, with $60 costs and disbursements of this appeal to abide the event. Plaintiff offered proof at the trial that respondent, the Hertz Corporation, accepted for overnight storing, a truck, loaded with merchandise. The truck had been leased by the third-party defendant from Hertz.…