Legal Opinion
Waterton v. Linden Motor Inc.
Civil Court of the City of New York
Decided February 16, 2006Published
1Opinion of the Court
OPINION OF THE COURT
Jack M. Battaglia, J.
*837To resolve this Small Claims Part action, the court must determine the standard of liability to apply to an innkeeper when a guest’s automobile is vandalized while parked in a garage on the premises. The court determines that, under the circumstances here, the innkeeper is liable only for proven negligence, and not as an insurer or bailee.
On the evening of June 12, 2005, claimant Viola W. Waterton and her husband, Andy Henry, took a room at defendant’s Linden Motor Inn. They knew the facility, and had been guests before. When they arrived, they parked…
2Cases cited27 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- In re Attorneys in Violation of Judiciary Law § 468-aAppellate Division of the Supreme Court of the State of New York · 1999
- Osborn v. ClineNew York Court of Appeals · 1934
- Bethel v. New York City Transit AuthorityNew York Court of Appeals · 1998
- Dalton v. Hamilton Hotel Operating Co., Inc.New York Court of Appeals · 1926
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