Summary
In Ellish v. Airport Parking Co. of America, Inc. (34 NY2d 882, affg 42 AD2d 174 [2nd Dept 1973]), the Court of Appeals set out factors for determining whether the customer was only licensing a space, and was therefore not entitled to the greater protections afforded to a bailor.
Summary of this case from Brown v. Edison Parking Corp.Opinion
Argued June 12, 1974
Decided June 27, 1974
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, SEYMOUR LAKRITZ, J.
Leonard N. Shapiro and William S. Infeld for appellant.
Samuel N. Greenspoon and Robert Swaybill for respondent.
Order affirmed, with costs, on the opinion by Mr. Justice JAMES D. HOPKINS at the Appellate Division.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.