KORESKA v. UNITED CARGO CORP.


23 A.D.2d 37 (1965)

Robert Koreska, Doing Business as W. Koreska, Appellant, v. United Cargo Corp., Defendant-Respondent and Third-Party Plaintiff-Respondent. Parker-Whitney Ltd., Third-Party Defendant-Respondent

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

April 1, 1965.


Attorney(s) appearing for the Case

Robert Braunschweig of counsel (Hans Harnik and Martin Paul Solomon with him on the brief; Wachtell Manheim & Grouf, attorneys), for appellant.

Herbert B. Ruskin of counsel (Levin, Kreis, Ruskin & Gyory, attorneys), for respondent.

BREITEL, STEUER and BASTOW, JJ., concur in Per Curiam opinion; STEVENS, J., dissents in opinion, in which BOTEIN, P. J., concurs.


Per Curiam.

Plaintiff, an Austrian manufacturer and seller of thermographic copying paper, appeals from an order denying his motion for summary judgment for the value of paper allegedly converted by defendant United Cargo Corporation. United, a carrier, having issued a negotiable order bill of lading for the goods, consisting of four large packages, delivered them to the New York purchaser without requiring or taking...

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