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)
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
Holding and Reasoning (Hopkins, J.)
Dissent (Shapiro, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.