GEN. PRECISION v. BURNHAM VAN SERV.


24 A.D.2d 271 (1965)

General Precision, Inc., Appellant-Respondent, v. Burnham Van Service, Inc., Respondent-Appellant

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

December 21, 1965.


Attorney(s) appearing for the Case

Louis B. Bruman for appellant-respondent.

John L. Conners of counsel (Bigham, Englar, Jones & Houston, attorneys), for respondent-appellant.

BREITEL, J. P., RABIN, STEVENS and EAGER, JJ., concur.


Per Curiam.

This is an action brought by plaintiff shipper against defendant interstate carrier to recover the sum of $88,004, the amount of damage alleged to have been sustained to plaintiff's goods in the course of transportation.

Both parties moved for summary judgment in plaintiff's favor. The point of departure was with respect to the amount of such judgment. Plaintiff seeks the full amount of the damage...

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