Silberman v. Olympic Parking Service

Civil Court of the City of New York

Silberman v. Olympic Parking Service

60 Misc. 2d 68, 302 N.Y.S.2d 194, 1969 N.Y. Misc. LEXIS 1409

CourtCivil Court of the City of New York

DecidedJune 25, 1969

StatusPublished

Cited by3 cases

This text of 60 Misc. 2d 68 (Silberman v. Olympic Parking Service) is published on Counsel Stack Legal Research, covering Civil Court of the City of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Silberman v. Olympic Parking Service, 60 Misc. 2d 68, 302 N.Y.S.2d 194, 1969 N.Y. Misc. LEXIS 1409 (N.Y. Super. Ct. 1969).

Pincite

Opinion

John A. Monteleone, J.

On March 22, 1963, plaintiff went to Aqueduct Eace Track. He parked his car in a parking lot operated by defendant and when he returned to the place where he left his car it was gone. Plaintiff now seeks to recover $2,616.50 damages by reason of breach of contract of bailment.

[69]*69Defendant’s position is twofold: 1. That the fact pattern does not constitute bailment and 2. Plaintiff has not proved any negligence to warrant recovery in bailment.

The plaintiff herein did not receive any receipt for parking and parked his own car. The car was locked by plaintiff and he retained the keys.

Accordingly the court finds that the plaintiff merely had a license to use the space within the parking lot. There was no bailment and even assuming a bailment existed the plaintiff has not proved any actionable negligence.

Complaint dismissed. Judgment for the defendant.

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