Kraut v. Morgan & Brother Manhattan Storage Co.

38 N.Y.2d 445 (1976)

Harry Kraut, Respondent,

v.

Morgan & Brother Manhattan Storage Co., Inc., Appellant. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Argued October 15, 1975.

Decided January 6, 1976.

Morris Zweibel for appellant.

O. John Rogge for respondent.

Judges WACHTLER, FUCHSBERG and COOKE concur with Judge GABRIELLI; Judge JASEN dissents and votes to reverse in a separate opinion in which Chief Judge BREITEL concurs; Judge JONES dissents and votes to reverse in another separate opinion.

GABRIELLI, J.

Plaintiff, a collector of rare Russian enamels, placed approximately…