Beyrle v. Finneron

Appellate Division of the Supreme Court of New York

Beyrle v. Finneron

199 A.D.2d 1023, 606 N.Y.S.2d 467

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 29, 1993

DocketAppeal No. 3

StatusPublished

Cited by2 cases

This text of 199 A.D.2d 1023 (Beyrle v. Finneron) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Beyrle v. Finneron, 199 A.D.2d 1023, 606 N.Y.S.2d 467 (N.Y. Ct. App. 1993).

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Opinion

Order unanimously affirmed without costs. Memorandum: Plaintiff contends that she was injured when she came in contact with a drain cleaner splashed about the bathroom of a bar. She alleges that a bailment arose when defendant Samuel Alesso gave the drain cleaner to defendant Michael Snow, the owner of the bar. We disagree. There is no bailment because Alesso did not intend that the drain cleaner would be redelivered to him (see generally, 9 NY Jur 2d, Bailments and Chattel Leases, § 1). Nor is there any merit to the contention that Alesso’s act in providing Snow with the drain cleaner constituted negligent entrustment. At the time Alesso allegedly gave the drain cleaner to Snow, he had no reason to believe that it would be misused to the detriment of others (see, [1024]*1024Restatement [Second] of Torts § 302 B, comment e [E]). (Appeals from Order of Supreme Court, Monroe County, Affronti, J.—Summary Judgment.) Present—Denman, P. J., Callahan, Pine, Doerr and Boehm, JJ.

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Order unanimously affirmed without costs. Memorandum: Plaintiff contends that she was injured when she came in contact with a drain cleaner splashed about the bathroom of a bar. She alleges that a bailment arose when defendant Samuel Alesso gave the drain cleaner to defendant Michael Snow, the owner of the bar. We disagree. There is no bailment because Alesso did not intend that the drain cleaner would be redelivered to him (see generally, 9 NY Jur 2d, Bailments and Chattel Leases, § 1). Nor is there any merit to the contention that Alesso’s act in providing Snow with the drain cleaner constituted negligent entrustment. At the time Alesso allegedly gave the drain cleaner to Snow, he had no reason to believe that it would be misused to the detriment of others (see, [1024]*1024Restatement [Second] of Torts § 302 B, comment e [E]). (Appeals from Order of Supreme Court, Monroe County, Affronti, J.—Summary Judgment.) Present—Denman, P. J., Callahan, Pine, Doerr and Boehm, JJ.

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199 A.D.2d 1023, 606 N.Y.S.2d 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beyrle-v-finneron-nyappdiv-1993.

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