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Beyrle v. Finneron

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1993
199 A.D.2d 1023 (N.Y. App. Div. 1993)

Opinion

December 29, 1993

Appeal from the Supreme Court, Monroe County, Affronti, J.

Present — Denman, P.J., Callahan, Pine, Doerr and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Plaintiff contends that she was injured when she came in contact with a drain cleaner splashed about the bathroom of a bar. She alleges that a bailment arose when defendant Samuel Alesso gave the drain cleaner to defendant Michael Snow, the owner of the bar. We disagree. There is no bailment because Alesso did not intend that the drain cleaner would be redelivered to him (see generally, 9 N Y Jur 2d, Bailments and Chattel Leases, § 1). Nor is there any merit to the contention that Alesso's act in providing Snow with the drain cleaner constituted negligent entrustment. At the time Alesso allegedly gave the drain cleaner to Snow, he had no reason to believe that it would be misused to the detriment of others (see, Restatement [Second] of Torts § 302 B, comment e [E]).


Summaries of

Beyrle v. Finneron

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1993
199 A.D.2d 1023 (N.Y. App. Div. 1993)
Case details for

Beyrle v. Finneron

Case Details

Full title:DAWN M. BEYRLE, Appellant, v. TERRI FINNERON et al., Defendants, MICHAEL…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 29, 1993

Citations

199 A.D.2d 1023 (N.Y. App. Div. 1993)
606 N.Y.S.2d 467