GARCIA & DIAZ v. TRANS WORLD CORP.


14 A.D.2d 76 (1961)

Garcia & Diaz, Inc., Respondent, v. Trans World Refining Corporation, Appellant

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

July 6, 1961.


Attorney(s) appearing for the Case

Alvin L. Arnold of counsel (Frederick P. Glick, attorney), for appellant.

John L. Quinlan of counsel (John B. Shields with him on the brief; Bigham, Englar, Jones & Houston, attorneys), for respondent.

BOTEIN, P. J. and VALENTE, J., concur with BERGAN, J.; BREITEL, J., dissents and votes to reverse in opinion in which McNALLY, J., concurs.


BERGAN, J.

Plaintiff operates Piers 15 and 16 on the East River under revocable permits issued by authority of the City of New York as public owner of the wharves. Excessively long occupancy of the piers by goods placed on them by the defendant for the purpose of loading on shipboard having occurred, the parties contracted for a charge to be paid after a specified date by the defendant for continued occupancy...

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