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JOSEPH KLOTZ v. EL MOROCCO INTERNATIONAL (12/06/68)

NEW YORK SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT


December 6, 1968

JOSEPH KLOTZ, RESPONDENT,
v.
EL MOROCCO INTERNATIONAL, LTD., APPELLANT, ET AL., DEFENDANT

Klotz v. El Morocco Int., 56 Misc. 2d 319, reversed.

Concur -- Streit, Gold and Hofstadter, JJ.

Author: Per Curiam

 The record clearly establishes the defendant exercised that degree of ordinary care required of a bailee for mutual benefit. Consequently, the subsequent loss by defendant of the vehicle here involved was not occasioned by any negligence on the part of the defendant bailee.

The judgment should be reversed, with $30 costs, and judgment directed for defendant, with costs.

Judgment reversed, etc.

Disposition

Judgment reversed, etc.

19681206

© 1998 VersusLaw Inc.



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