Benjamin v. Brooklyn Trust Co.

Appellate Terms of the Supreme Court of New York

Benjamin v. Brooklyn Trust Co.

185 Misc. 296, 57 N.Y.S.2d 816, 1945 N.Y. Misc. LEXIS 2348

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 28, 1945

StatusPublished

Cited by3 cases

This text of 185 Misc. 296 (Benjamin v. Brooklyn Trust Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benjamin v. Brooklyn Trust Co., 185 Misc. 296, 57 N.Y.S.2d 816, 1945 N.Y. Misc. LEXIS 2348 (N.Y. Ct. App. 1945).

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Opinions

Memorandum Per Curiam.

The plaintiffs failed to establish any negligence on the part of defendant. The key which was lost was its property. The defendant was not a bailee either of the key or of the articles which were stolen. There is no fact established which warranted a finding that the defendant, in the exercise of reasonable care, should have foreseen that one of its employees would take the key or some stranger to it might find the key and enter the apartment to take property. No prior similar incident or bad conduct of any employee was established. (Castorina v. Rosen, 290 N. Y. 445.)

The judgment should be reversed on the law, with $30 costs to defendant, and the complaint dismissed, with appropriate costs in the court below. The appeal from the order should be dismissed.

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Memorandum Per Curiam.

The plaintiffs failed to establish any negligence on the part of defendant. The key which was lost was its property. The defendant was not a bailee either of the key or of the articles which were stolen. There is no fact established which warranted a finding that the defendant, in the exercise of reasonable care, should have foreseen that one of its employees would take the key or some stranger to it might find the key and enter the apartment to take property. No prior similar incident or bad conduct of any employee was established. (Castorina v. Rosen, 290 N. Y. 445.)

The judgment should be reversed on the law, with $30 costs to defendant, and the complaint dismissed, with appropriate costs in the court below. The appeal from the order should be dismissed.

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Bluebook (online)

185 Misc. 296, 57 N.Y.S.2d 816, 1945 N.Y. Misc. LEXIS 2348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benjamin-v-brooklyn-trust-co-nyappterm-1945.

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