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SHORT LINE DELIVERY CORP. v. ACME CARRIERS, INC.

32 A.D.2d 930 (1969)

Short Line Delivery Corp., Appellant, v. Acme Carriers, Inc., Respondent

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

July 2, 1969

Order of the Appellate Term, Second Judicial Department, dated April 21, 1967, affirmed, with $10 costs and disbursements. We are of the opinion that issues of fact are present which necessitated the denial of summary judgment beyond the amount granted.

Martuscello, J., dissents and votes to reverse and to grant summary judgment as sought by plaintiff, with the following memorandum:

I am of the opinion that defendant failed to overcome the documentary...

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