FED. INS. CO. v. UNITED PORT SERV. CO.


23 Misc.2d 142 (1960)

Federal Insurance Company et al., Plaintiffs, v. United Port Service Company, Defendant.

Supreme Court, Special Term, New York County.

February 23, 1960.


Attorney(s) appearing for the Case

Thacher, Proffitt, Prizer, Crawley & Wood (Edward C. Kalaidjian of counsel), for defendant.

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


ARON STEUER, J.

In three actions based on essentially similar facts plaintiffs sue as insurers subrogated to the rights of their assureds. The form of the complaints is for breach of contract of bailment. Defendant stored goods on piers for plaintiffs' assureds and the goods were injured or destroyed by rising waters. Suit in each instance was begun more than three years and less than six years after the incidents causing the damage. The motions are to...

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