Dufur v. Lavin

In Dufur v. Lavin, 101 AD2d 319 [3rd Dept. 1984] the court held that "Where one loans property to another, a duty of care arises . . . While the conduct necessary to satisfy such duty depends on the facts and circumstances of the case, including the type and purpose of the bailment, it cannot be said that one who loans property has no duty to act reasonably." There, a fire occurred at a bowling alley as the result of a defective "pin cleaning machine" that was lent by another bowling alley. Ultimately the court held that there was evidence to support a finding of a "mutual benefit bailment" where "defendant bowling alley no longer cleaned its own bowling pins and was about to become the primary customer of plaintiffs' employers whose business required a pin cleaning machine." (Id. at 324).