KIMBERLY-CLARK v. LK ERIE WAREHSE


49 A.D.2d 492 (1975)

Kimberly-Clark Corporation, Appellant, v. Lake Erie Warehouse, Div. of Lake Erie Rolling Mill, Inc., et al., Respondents

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

December 5, 1975


Attorney(s) appearing for the Case

Miles, Cochrane, Grosse & Rossetti (Victor A. Rossetti of counsel), for appellant.

Ohlin, Damon, Morey, Sawyer & Moot (George Gibson and Brian P. Crosby of counsel), for respondents.

MARSH, P. J., MOULE, GOLDMAN and WITMER, JJ., concur.


DEL VECCHIO, J.

Plaintiff, a bailor of paper, instituted this action against defendant warehouseman to recover for water damage to paper stored in the latter's warehouse alleged to have been caused by defendant's negligence. In addition to denials of allegations in the complaint, defendant pleaded two affirmative defenses, each predicated on an exculpatory provision contained in a rate schedule agreement furnished...

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