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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Caldwell v. 928 Gerard Avenue Partners, 57 Misc. 3d 857 (2017)

Citation
Caldwell v. 928 Gerard Avenue Partners, 57 Misc. 3d 857 (2017)
Parent Document
Caldwell v. 928 Gerard Avenue Partners, 57 Misc. 3d 857 (2017)
Jurisdiction
New York (state)
Effective Date
2017-07-12

Full Text

703 chars
Any bailee holding another’s property is responsible for the property’s safekeeping and “perhaps could be liable in negligence” for failing to do so (Matter of Charles E. v Frank E., 72 AD3d 1439, 1441 [3d Dept 2010], citing Wilson, 14 Misc 3d at *861232-233). The failure to safeguard or store items of value left in the leased premises at the time of the execution of the warrant of eviction can result in a finding of liability against a landlord (id.; see also Jo v JPMC Specialty Mtge., LLC, 135 F Supp 3d 54, 59-60 [WD NY 2015]). Improper handling and storage could include, for example, placing the items on the curb rather than actually placing them into storage (Wilson, 14 Misc 3d at 232-233).