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Kirk v. Peerless Camera Stores

Supreme Court, Appellate Term, First Department
Feb 17, 1948
191 Misc. 661 (N.Y. App. Term 1948)

Opinion

February 17, 1948.

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, KELEHER, J.

Charles F. Kirk, respondent in person.

William Indursky and Jacob Neuthaler for appellant.


Plaintiff delivered the film to defendant with the knowledge that a third person would process it. Under the circumstances defendant cannot be held liable as it exercised due care in selecting the processor.

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

EDER and HECHT, JJ., concur.

HAMMER, J., I dissent and vote for affirmance.

Judgment reversed, etc.


Summaries of

Kirk v. Peerless Camera Stores

Supreme Court, Appellate Term, First Department
Feb 17, 1948
191 Misc. 661 (N.Y. App. Term 1948)
Case details for

Kirk v. Peerless Camera Stores

Case Details

Full title:CHARLES F. KIRK, Respondent, v. PEERLESS CAMERA STORES, INC., Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Feb 17, 1948

Citations

191 Misc. 661 (N.Y. App. Term 1948)
77 N.Y.S.2d 888