Juska v. Hotel Garage Annex, Inc.

Appellate Terms of the Supreme Court of New York

Juska v. Hotel Garage Annex, Inc.

179 Misc. 577, 39 N.Y.S.2d 590, 1943 N.Y. Misc. LEXIS 1551

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 13, 1943

StatusPublished

This text of 179 Misc. 577 (Juska v. Hotel Garage Annex, Inc.) 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

Juska v. Hotel Garage Annex, Inc., 179 Misc. 577, 39 N.Y.S.2d 590, 1943 N.Y. Misc. LEXIS 1551 (N.Y. Ct. App. 1943).

Pincite

Opinion

Per Curiam.

Proof of failure to return part and proof of damage to another part of the bailment delivered to defendant under contract established a prima facie case. As defendant did not show due care and that the failure to return and the damage occurred through a cause beyond its control, the complaint should not have been dismissed.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur. Present — Hammer, Miller and McLaughlin, JJ.

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Per Curiam.

Proof of failure to return part and proof of damage to another part of the bailment delivered to defendant under contract established a prima facie case. As defendant did not show due care and that the failure to return and the damage occurred through a cause beyond its control, the complaint should not have been dismissed.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur. Present — Hammer, Miller and McLaughlin, JJ.

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Bluebook (online)

179 Misc. 577, 39 N.Y.S.2d 590, 1943 N.Y. Misc. LEXIS 1551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juska-v-hotel-garage-annex-inc-nyappterm-1943.