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ÆTNA INS. CO. v. BOR-AIR FRGT. CO.

72 Misc.2d 327 (1972)

Ætna Insurance Company, Plaintiff, v. Bor-Air Freight Co., Inc., et al., Defendants.

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

December 5, 1972

Attorney(s) appearing for the Case

Jack R. Haskell and Emmet L. Holbrook for plaintiff. Nathan Lewis for defendant.

LEONARD H. SANDLER, J.

Plaintiff, Ætna Insurance Company, (Ætna), subrogee of one Esther Berkey, owner of a certain fur coat and hat, sues Bor-Air Freight Co., Inc. (Bor-Air), an air carrier, for the value of the coat and hat which had been lost in transit while in the possession of Bor-Air. Bor-Air defended on the grounds that (1) neither the plaintiff nor its subrogor had filed a written claim within...

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