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Ellish v. Airport Parking Company of America, Inc

Appellate Division of the Supreme Court of the State of New York, Second Department
42 A.D.2d 174 (1973)


Facts

Ms. Ellish (plaintiff) parked her car at John F. Kennedy International Airport, in a lot operated by Airport Parking Company of America, Inc. (Airport Parking) (defendant) prior to leaving for a four-day trip. When Ms. Ellish arrived at the lot, she entered through a gate that was automatically lifted once she obtained a ticket from a ticket dispenser. The ticket warned the holder that the parking lot was unattended, and that Airport Parking would not be held liable for automobile theft. At no point did Ms. Ellish deal with an employee of Airport Parking when parking her car. Ms. Ellish then took her keys with her, and went on to board her flight. When Ms. Ellish returned from her trip, she discovered that her car had been stolen. She then brought this suit against Airport Parking, alleging that the transaction was a bailment, and as such, Airport Parking had a duty to secure her car. The civil court ruled in favor of Ms. Ellish. Airport Parking appealed to Appellate Term, which reversed the civil court’s decision. Ms. Ellish then appealed to the Supreme Court, Appellate Division, Second Department.

Rule of Law

Issue

Holding and Reasoning (Hopkins, J.)

Dissent (Shapiro, J.)

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