Atlantic Mutual Insurance v. Noble Van & Storage Co.

— In an action by a subrogee to recover damages for a breach of a bailment contract and for negligence, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Rubenfeld, J.), dated March 16, 1987, which, after a nonjury trial, is in favor of the respondent and against it dismissing its complaint.

Ordered that the judgment is modified, on the law, by deleting the provision thereof dismissing the complaint in its entirety, substituting therefor a provision awarding the plaintiff nominal damages in the sum of $1, and otherwise dismissing the complaint; as so modified, the…