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GARCIA & DIAZ v. TRANS WORLD REFIN. CORP.

25 Misc.2d 604 (1960)

Garcia & Diaz, Inc., Plaintiff, v. Trans World Refining Corporation, Defendant.

Supreme Court, Special and Trial Term, New York County.

April 18, 1960.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston (John L. Quinlan and Jack B. Shields of counsel), for plaintiff. Frederick P. Glick and Shirley D. Brinsfield for defendant.

HENRY EPSTEIN, J.

Plaintiff corporation sues to recover from defendant charges for receiving, storing and guarding drums of soybean oil for the period from April 1, 1958 to May 7 and May 12, 1958. The charge made is 28 cents per ton per day that the material was on the piers.

Plaintiff corporation is the lessee of Piers 15 and 16, East River, New York City. The facts in this case, while extensive, are not essentially in dispute. Beginning in January...

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