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BOROUGH EXP. v. SCHOENBAUM & HERMELIN

46 Misc.2d 959 (1965)

Borough Express, Inc., Respondent, v. Schoenbaum & Hermelin Express, Appellant.

Supreme Court, Appellate Term, First Department.

April 8, 1965

Attorney(s) appearing for the Case

Harry Greenspan for appellant. Arnold P. Azarow for respondent.

Concur — HECHT, J. P., TILZER and HOFSTADTER, JJ.

Per Curiam.

Although the shipments here involved were eventually destined for consignees outside the State, they were turned over to the defendant in New York City for delivery to consolidators or designated agents in New York City only. Therefore, defendant was engaged as a carrier in the transportation of property "wholly within" the City of New York. Since it is not alleged that the merchandise moved "under a...

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