FALLER v. SCALI, McCABE, SLOVES, INC

In this action for damages brought by a photographer for the loss of his photo transparencies against the advertising agency that sought to return them by private courier, the IAS Court found a "question of fact involving whether there should have been insurance". We affirm, but for the different reason that a bailment for hire having been created when the transparencies were initially entrusted to appellant, an issue of fact exists whether appellant failed to exercise reasonable care in safeguarding the property (see, Nierenberg v Wursteria, Inc., 189 A.D.2d 571, lv denied 82 N.Y.2d 651; Aronette Mfg. Co. v Capitol Piece Dye Works, 6 N.Y.2d 465, 468).

Concur — Sullivan, J.P., Carro, Ellerin, Kassal and Nardelli, JJ.