McINTOSH v. CONT'L TRAILWAYS


43 A.D.2d 411 (1974)

Alethea McIntosh, Respondent, v. Continental Trailways, Appellant

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

February 21, 1974.


Attorney(s) appearing for the Case

George A. Roland for appellant.

Pemberton & Buchyn (James L. Pemberton of counsel), for respondent.

STALEY, JR., COOKE, SWEENEY and KANE, JJ., concur.


HERLIHY, P. J.

This is an appeal by the defendant from an order of the County Court, Schenectady County, entered October 5, 1973, which denied its motion to dismiss the complaint.

It is undisputed that on August 9, 1968 plaintiff checked her suitcase with the defendant's bus line and that when she claimed her baggage the defendant was unable to produce the same. Plaintiff filed a claim for her missing baggage and approximately a year later received...

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