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122 West 29th Street Realty Corp. v. West 29th Street Parking Lot

Appellate Division of the Supreme Court of New York, First Department
Dec 6, 1966
27 A.D.2d 519 (N.Y. App. Div. 1966)

Opinion

December 6, 1966


Determination of the Appellate Term affirming an amended judgment of the Civil Court entered July 1, 1965 which awarded $845.73 to plaintiffs-respondents after a trial without a jury, unanimously reversed, on the law and the facts, without costs and disbursements to any party, and a new trial granted to both defendants-appellants in the interests of justice. The action is for property damage to plaintiffs' premises which was caused by an automobile owned by the defendant, Newhouser (now deceased). At the time of the accident, the car was in the custody of the defendant parking lot but was operated by one Ramirez, who was not an employee of the parking lot. There is insufficient evidence in the record to support a finding that Ramirez was authorized to move cars for the parking lot and this defect permeates the case against both defendants. Moreover, it appears that additional proof could have been adduced not only on this issue but on the question of certain alleged defects in the car. Consequently, a new trial should be held (see 7 Weinstein-Korn-Miller, N.Y. Civ. Prac., par. 5522.05; cf. Baccialon v. Guerra, 282 App. Div. 755).

Concur — Breitel, J.P., Rabin, McNally and Witmer, JJ.


Summaries of

122 West 29th Street Realty Corp. v. West 29th Street Parking Lot

Appellate Division of the Supreme Court of New York, First Department
Dec 6, 1966
27 A.D.2d 519 (N.Y. App. Div. 1966)
Case details for

122 West 29th Street Realty Corp. v. West 29th Street Parking Lot

Case Details

Full title:122 WEST 29TH STREET REALTY CORP. et al., Respondents, v. WEST 29TH STREET…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 6, 1966

Citations

27 A.D.2d 519 (N.Y. App. Div. 1966)

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