1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 34 N.Y.2d
  5. 34 N.Y.2d 730 (1974)
 

PHILIPP BROS. v. BRADLEY EXPRESS, INC.

34 N.Y.2d 730 (1974)

Philipp Brothers, Respondent, v. Bradley Express, Inc. et al., Respondents, and St. Paul Fire and Marine Insurance Company, Appellant. B. N. R. Agency, Inc., Third-Party Plaintiff-Respondent, v. St. Paul Fire and Marine Insurance Company, Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided May 8, 1974.

Attorney(s) appearing for the Case

Simon Greenhill and Jerome G. Greenspan for appellant.

Joseph Kasoy for B. N. R. Agency, Inc., respondent.

John L. Conners and Francis A. Montbach for plaintiff-respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES and RABIN concur; Judge JASEN dissents and votes to modify in a separate opinion in which Judge WACHTLER concurs; Judge STEVENS taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The critical issue on this appeal, whether B. N. R. Agency, Inc. was acting as carrier, raises a question of fact which can not be resolved on a motion for summary judgment. That B. N. R. Agency, Inc. acted as "carrier" for Bradley Express, Inc. in carrying goods for the plaintiff and was not itself a licensed interstate carrier, makes...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases