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Douglas C. Evans v. Montauk Marine Basin

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS


April 6, 2011

DOUGLAS C. EVANS,
APPELLANT,
v.
MONTAUK MARINE BASIN, INC.,
RESPONDENT.

Appeal from a judgment of the Justice Court of the Town of East Hampton, Suffolk County (Catherine A. Cahill, J.), entered January 13, 2010.

Evans v Montauk Mar. Basin, Inc.

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 6, 2011

PRESENT: TANENBAUM, J.P., MOLIA and LaCAVA, JJ .

The judgment, after a non-jury trial, dismissed the action.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover the sum of $3,000 for damage to his boat and boat trailer while kept at defendant's marina. After a non-jury trial, the Justice Court dismissed the action, finding that plaintiff had failed to establish any liability on defendant's part. On appeal, plaintiff argues that defendant was liable for the damage as a bailee.

Upon a review of the record, we find that the judgment rendered substantial justice according to the rules and principles of substantive law (UJCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). At the trial, plaintiff acknowledged that he had leased space for his boat at defendant's marina. The parties' relationship did not create a bailment for hire so as to make defendant marina presumptively liable for damage to plaintiff's boat (see Milo v Biegler, 86 AD2d 503 [1982]; Teknic Corp. v Drake Ave. Mar., 173 Misc 2d 678 [App Term, 9th & 10th Jud Dists 1997]). Plaintiff never relinquished exclusive control and dominion over his boat to defendant (see Teknic Corp. v Drake Ave. Mar., 173 Misc 2d 678; Albanese v Cow Bay Mar. Serv., 155 Misc 2d 232, 233 [App Term, 9th & 10th Jud Dists 1993]; Weissman v City of New York, 20 Misc 3d 562 [Civ Ct, NY County 2008]). Moreover, there is no indication in the record that defendant had agreed to provide any security for plaintiff's boat. In the absence of any evidence establishing a basis for imposing liability on defendant for the alleged damage, the judgment dismissing the action is affirmed.

Tanenbaum, J.P., Molia and LaCava, JJ., concur.

Decision Date: April 06, 2011

20110406

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