CHUBB SON INC v. EDELWEISS INC (1999)

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about August 18, 1998, which granted plaintiff's motion for partial summary judgment as to the issue of liability, unanimously affirmed, with costs.

Plaintiff's subrogor owned a car that was parked by defendant's employee on a public street, and not returned.   The motion court correctly found that the parking transaction constituted a bailment as a matter of law, since defendant's dominion and control of the car was established by undisputed evidence that its employee took the key to the car and employed a “ mandatory procedure” to ensure the key's return (see, e.g., Sealey v. Meyers Parking System, 147 Misc.2d 217, 219, 555 N.Y.S.2d 574;  Palazzo v. Katz Parking Systems, Inc., 64 Misc.2d 720, 721, 315 N.Y.S.2d 384).   Defendant did not diminish the dispositive force of this evidence by submitting the affidavit of a corporate principal with no knowledge of the parking transaction (see, Cont. Ins. Co. v. Meyers Bros. Operations Inc., 56 Misc.2d 435, 439, 288 N.Y.S.2d 756), who, in any event, candidly admitted that he had no idea what happened to the car, and offered only conjecture about a possible theft (see, I.C.C. Metals, Inc. v. Mun. Warehouse Co., 50 N.Y.2d 657, 664, n. 3, 431 N.Y.S.2d 372, 409 N.E.2d 849).   We have considered defendant's other contentions and find them to be without merit.

MEMORANDUM DECISION.