Legal Opinion

Castorina v. Rosen

Appellate Division of the Supreme Court of the State of New York

Decided December 21, 1942PublishedCited by 4 opinions

1Opinion of the CourtUntermyer, J.

For- one year previous to May 4, 1939, the plaintiff had stored his automobile in the garage operated by the appellants. On May 4th he left the automobile at the garage in good condition, but when calling for it on May 7th found that it was missing from the garage.

It was then discovered that the defendant Birgis, employed by the appellants for about one year to wash cars and watch the premises, had taken the car without permission and had met with an accident in which it was damaged. The evidence -is uncontradicted that Birgis was not employed to drive cars stored at the garage.

The Municipal…

2Cases cited9 opinions

  1. Claflin v. . MeyerNew York Court of Appeals · 1878
  2. Firemen's Fund Insurance v. SchreiberWisconsin Supreme Court · 1912
  3. Firestone Tire & Rubber Co. v. Pacific Transfer Co.Washington Supreme Court · 1922
  4. Hogan v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1925
  5. Employers' Fire Insurance v. Consolidated Garage & Sales Co.Indiana Court of Appeals · 1927

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

3Cited by4 opinions

  1. Vanderhule v. BerinsteinAppellate Division of the Supreme Court of the State of New York · 1954
  2. Pettinelli Motors, Inc. v. Morreale, New York County Courts1963
  3. Potomac Insurance v. DonovanNew York Supreme Court · 1948
  4. Rivera v. San Juan Racing Ass'nSupreme Court of Puerto Rico · 1964

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