UPS N'DOWNS, INC. v. ALBINA ENTERS., INC.


61 A.D.2d 763 (1978)

Ups N'Downs, Inc., Appellant, v. Albina Enterprises, Inc., Respondent

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

February 21, 1978


Appellant shall recover of respondent $60 costs and disbursements of this appeal. The defendant, a common carrier, agreed to transport 59 of plaintiff's cartons from its New York office to various locations in New Jersey. The plaintiff shipper seeks to recover in this action for the 41 cartons that were not delivered by the defendant to the consignees in New Jersey. Defendant claims that the missing cartons were hijacked. It also seeks to assert an affirmative defense that...

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