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PENNEY CO. v. McLEAN TRUCKING

42 A.D.2d 508 (1973)

J. C. Penney Company, Inc., Respondent, v. McLean Trucking Company, Appellant

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

November 20, 1973.

Attorney(s) appearing for the Case

Samuel B. Weingrad of counsel (Weingrad & Weingrad, P. C., attorneys), for appellant.

Jerome G. Greenspan of counsel (Simon Greenhill with him on the brief; Greenhill & Speyer, attorneys), for respondent.

MURPHY and TILZER, JJ., concur with McGIVERN, J. P.; STEUER, J., dissents in an opinion in which NUNEZ, J., concurs.

McGIVERN, J. P.

This appeal is from an order of the Appellate Term, First Department, dated November 17, 1972, which, by a divided court, reversed an order of the Civil Court, New York County, and granted summary judgment in favor of the plaintiff; the Civil Court had denied summary judgment.

The action was brought by plaintiff to recover for damaged goods. In its indorsed complaint filed in the Civil...

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