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INSTRUMENT SYS. CORP. v. ASSOCIATED RIGGING & HAULING CORP.

70 A.D.2d 529 (1979)

Instrument Systems Corporation, Respondent, v. Associated Rigging and Hauling Corp., Respondent-Appellant, and Branch Motor Express Company, Appellant-Respondent. (And Two Other Third-Party Actions.)

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

May 8, 1979

Unanimously modified, on the law, without costs, to the extent of denying the motion for partial summary judgment and permitting Branch to assert an affirmative defense, and otherwise affirmed.

In 1970, Instrument Systems Corporation (Instrument), through its wholly owned subsidiary, Kleer-Pak Plastics Packaging Corp., employed Branch Motor Express Company, a common carrier, to transport four color printing presses from New...

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