Beazer v. New York City Health

Catterson and Acosta, JJ.,

dissent in a memorandum by Catterson, J., as follows: Because I believe that there is no material issue of fact on the issue of bailment, I respectfully dissent and would grant summary judgment to defendant Beys.

A brief review of the law of bailments is necessary to a resolution of this case because the majority has not set forth any principles of bailments that would control the outcome of this dispute. “As this Court stated in Martin v Briggs (235 AD2d 192, 197): ‘A “[b]ailment does not necessarily and always, though generally, depend upon a contractual relation.…