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COMPUKNIT INDS. v. MERCURY MOTORS EXP.

72 Misc.2d 55 (1972)

Compuknit Industries, Inc., Plaintiff, v. Mercury Motors Express, Inc., Defendant.

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

November 20, 1972

Attorney(s) appearing for the Case

Gitomer, Schwimmer & Gitomer, P. C. (Gary B. Berns of counsel), for plaintiff. John L. Alfano for defendant.

NAT H. HENTEL, J.

The question sought to be raised by plaintiff's pleadings and brief is whether a 93-year-old New York Court of Appeals holding in Rathbun v. Citizens' Steamboat Co. (76 N.Y. 376), decided in 1879, is still controlling in today's changing times in a current case involving analogous facts.

The stipulated facts in this nonjury case are:

1. Plaintiff consignor delivered certain...

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