The plaintiff parked his motorcycle in the defendant’s parking garage, from which it was allegedly stolen. The plaintiff had parked his motorcycle without assistance and retained his keys. The parties’ relationship was governed by a written “Garage Agreement,”which provided that the plaintiff “licensee”parked at his “own risk.” The plaintiff sued to recover the value of his motorcycle. The trial court found that there was no bailment and dismissed the case. How do you think the appellate court ruled? Ernest Burke, Plaintiff-Respondent, v. Riverbay Corp., 2009 N.Y. slip op. 52386U, 2009 N.Y. Misc. LEXIS 3225.
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