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NORCA CORP. v. PILOT FREIGHT

63 Misc.2d 684 (1970)

Norca Corp., Plaintiff, v. Pilot Freight Carriers, Inc., Defendant.

Civil Court of the City of New York, New York County.

May 8, 1970

Attorney(s) appearing for the Case

Hill, Rivkins, Warburton, McGowan & Carey (Andrew R. Colmant of counsel), for plaintiff. Leibowitz & Platzer (Irving Serota of counsel), for defendant.

MARTIN EVANS, J.

Plaintiff sues for breach of contract of carriage and for negligence arising from defendant's failure to deliver certain merchandise as per written contract of carriage which occurred in or about August, 1964.

Defendant moves for summary judgment on the grounds that plaintiff neither served notice of claim on, nor instituted suit against the defendant herein in accordance with the contractual...

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