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LEASEWAY-EMPIRE, INC. v. BYRNES COAL & LUMBER CO., INC.

43 A.D.2d 1010 (1974)

Leaseway-Empire, Inc., Appellant-Respondent, v. Byrnes Coal & Lumber Co., Inc., Respondent-Appellant

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

February 22, 1974

Order unanimously affirmed, without costs.

Memorandum:

These are cross appeals from an order of Supreme Court at Special Term which denied cross motions for summary judgment. Plaintiff seeks to recover damages to its truck which it had leased to defendant. The damages occurred by reason of a fire at defendant's warehouse where the truck had been housed. Plaintiff's claim is bottomed upon the written agreement between...

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