Legal Opinion

J. W. Mays, Inc. v. Hertz Corp.

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

Decided December 12, 1961PublishedCited by 7 opinions

1Opinion of the CourtBreitel, J.

Defendant Hertz, a renter of trucks which it also stores on a parking lot, appeals from an order directing a verdict in favor of plaintiff and from a judgment entered on such verdict in the amount of $12,419.70. Plaintiff operates a department store with three branches. It sued to recover the value of its merchandise stolen from a truck it had rented from Hertz.

For a period of over two years plaintiff rented a truck from Hertz and each night parked the truck on Hertz’s parking lot. (The truck rental agreement referred to garage storage space *106and garage services. At least one witness referred…

2Cases cited11 opinions

  1. Claflin v. . MeyerNew York Court of Appeals · 1878
  2. Fogelson v. Rackfay Construction Co.New York Court of Appeals · 1950
  3. Mitchill v. LathNew York Court of Appeals · 1928
  4. Osborn v. ClineNew York Court of Appeals · 1934
  5. Dalton v. Hamilton Hotel Operating Co., Inc.New York Court of Appeals · 1926

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

3Cited by7 opinions

  1. Voorhis v. Consolidated Rail Corp.New York Court of Appeals · 1983
  2. Central School District No. 3 v. InsuranceAppellate Division of the Supreme Court of the State of New York · 1977
  3. Greenberg v. Kinney SystemsCivil Court of the City of New York · 1988
  4. O'Connor v. StateAppellate Division of the Supreme Court of the State of New York · 2002
  5. Voorhis v. Consolidated Rail Corp.Appellate Division of the Supreme Court of the State of New York · 1983

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

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