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Rodriguez v. Central Parking System of New York10/18/2005
ark-and-lock lot, "unless proof of negligence is present on the part of the operator of the lot, the risk of loss must be assumed by the owner of the automobile"; see, all involving damage to, or parts stolen from, a car in a park-and-lock facility and collecting cases, Linares v. Edison Parking, Inc., 97 Misc 2d 831, 832 [Civ. Ct. NY Co. Small Claims Part 1979, Gammerman, J.], Garlock v. Multiple Parking Parking Services, Inc., 103 Misc 2d 943 [Buffalo City Ct. 1980, McCarthy, J.], and Brown v. Edison Parking Corp., 7 Misc 3d 1028 , 2005 WL 1272501, 2005 NY Slip Op. 50797 [Civ. Ct. NY Co. 2005, Gesmer, J.]). Also unaddressed are the standards applicable to a parking lot associated with a commercial facility (see, Annotation, Liability for Loss of Automobile Left at Parking Lot or Garage, 13 A.L.R.4th 362, and Annotation, Liability for Damage to Automobile Left in Parking Lot or Garage 13 A.L.R.4th 442).
For the foregoing reasons, defendants' motion for summary judgment is denied.
This decision constitutes the order of the court
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