Opinion
December 6, 1968
Appeal from the Civil Court of the City of New York, County of New York, ARNOLD L. FEIN, J.
Anthony G. Di Falco for appellant.
Herman Brothers for respondent.
The record clearly establishes the defendant exercised that degree of ordinary care required of a bailee for mutual benefit. Consequently, the subsequent loss by defendant of the vehicle here involved was not occasioned by any negligence on the part of the defendant bailee.
The judgment should be reversed, with $30 costs, and judgment directed for defendant, with costs.
Concur — STREIT, GOLD and HOFSTADTER, JJ.
Judgment reversed, etc.