Legal Question in Civil Litigation in New York

Re: Car parked in paid garage, items stolen. Are they responsible?

I can give you a long winded reply, citing various cases. However, the bottom line is this: If the garage was enclosed and entrance and eggress was under the dominion and control of the garage, a bailment situation was created. Sealy v. Meyers Parking System, 147 Misc. 2d 217, 555 N.Y.S.2d 574 (1990).

If your circumstance constitutes a bailment, you may commence an action both in contract and in negligence.

With regard to an action in contract, since the ticket you received states that you assume the risk of property damage, you cannot hold the garage liable under a contract theory. Ellish v. Airport Parking Company of America, 42 A.D.2d 174, 345 N.Y.S.2d 650 (1973)

However, since there have been other automobiles vandalized, and the garage has been "put on notice," you have a reasonable chance of success on a negligence or tort theory.

Mike.

Re: Car parked in paid garage, items stolen. Are they responsible?

In response, the municipal garage means that t is opeated by the City of New York. Nothing can be done without first filing a Notice of Claim with the Comptroller's Office within 90 days of the occurrence. Even after that, the City, which is self-insured, will wear you down. Most judges are highly protective of the City and unless your claim is at least 4 figures, you have a police report, and can prove from the police report what was stolen, and you have bills showing what you paid for it, my advise/suggestion, is that you, unfortunately, suck up the loss.

Good Luck.

RRG