Legal Opinion

Rodriguez v. Central Parking System of New York, Inc.

Civil Court of the City of New York

Decided October 18, 2005Published

1Opinion of the Court

*436OPINION OF THE COURT

Diane A. Lebedeff, J.

This action for breach of a bailment contract was commenced more than three years after the plaintiffs vehicle was stolen from defendant’s full-service garage. Defendants Central Parking System of New York, Inc. (CPSNY), and Meyers Parking System, Inc., move for summary judgment (CPLR 3212). Defendants urge that the plaintiff’s claim, although based in contract and facially subject to a six-year statute of limitations, is time-barred because case law mandates that all claims based upon breach of a bailment contract are governed by a three-year…

2Cases cited16 opinions

  1. Sears, Roebuck & Co. v. Enco Associates, Inc.New York Court of Appeals · 1977
  2. In re the Arbitration between Paver & Wildfoerster & Catholic High School Ass'nNew York Court of Appeals · 1976
  3. Chase Scientific Research, Inc. v. Nia Group, Inc.New York Court of Appeals · 2001
  4. Baratta v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 1983
  5. Loengard v. Santa Fe Industries, Inc.New York Court of Appeals · 1987

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