Legal Opinion
Sherber v. Kinney Systems, Inc.
Civil Court of the City of New York
Decided April 2, 1964PublishedCited by 6 opinions
1Opinion of the CourtSamuel A. Spiegel, J.
This is an action to recover for damages sustained to a car owned by the plaintiff which he parked in a Kinney System garage in the Port Authority Building at 41st Street and Eighth Avenue, New York City, on May 11, 1963. The plaintiff returned seven hours later with his claim check and found that his car was missing. Defendant contends it is not liable and distinguishes this case from other bailments on the ground that the plaintiff locked his car, took his keys and therefore must prove negligence on the part of the defendant bailee before a recovery is possible, and that plaintiff has…
2Cases cited14 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Stewart v. . StoneNew York Court of Appeals · 1891
- Osborn v. ClineNew York Court of Appeals · 1934
- Castorina v. RosenNew York Court of Appeals · 1943
- Galowitz v. MagnerAppellate Division of the Supreme Court of the State of New York · 1924
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3Cited by6 opinions
- Continental Insurance v. Meyers Bros. Operations Inc.Civil Court of the City of New York · 1968
- Makower v. Kinney SystemCivil Court of the City of New York · 1971
- Garlock v. Multiple Parking Services, Inc.Buffalo City Court · 1980
- Liberty Mutual Insurance v. Meyers Bros. Operations, Inc.Civil Court of the City of New York · 1970
- Sarbov Parking Corp. v. Motors Insurance Corp.District of Columbia Court of Appeals · 1969
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