GERDAU CO. v. BOWNE-MORTON STORES


1 A.D.2d 581 (1956)

Otto Gerdau Co., Appellant, v. Bowne-Morton Stores, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 22, 1956.


Attorney(s) appearing for the Case

Robert F. Doran of counsel (Bailey & Muller, attorneys), for appellant.

Stanley Bogart of counsel (Murray I. Sommer with him on the brief; Bogart & Lonergan, attorneys), for respondent.

BREITEL, J. P., BOTEIN, COX, FRANK and VALENTE, JJ., concur.


Per Curiam.

The plaintiff, an importer of spices, sought recovery against the defendant, a storage warehouse, for its negligence in storing 200 bags of chillies (peppers). The jury found for the plaintiff on this cause of action and for the defendant on a second cause of action. The latter is not involved on this appeal. At the conclusion of the proof, the learned trial court reserved decision on a motion to dismiss the complaint. After the rendition of the...

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