This section contains the nature of the case and procedural background.

Ellish (P) parked her car in a lot operated by Airport Parking Company of America, Inc. (D). P got a ticket stamped with the date of entry to the lot and on one side of the ticket was a license agreement that informed the holder that the lot was not attended and that parking in the lot was at the owner's risk. The lot was patrolled by Port of New York Authority Police, and D's employees were present to make certain cashiers collected the proper amounts for each car when it left the lot. When P returned 5 days later the car had disappeared. P sued D. At trial, D testified that it had no knowledge concerning the disappearance of the car. The Civil Court granted judgment to P under the ruling that the transaction was a bailment. The Appellate term reversed as no bailment had been created.

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