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L.B. SMITH, INC. v. MAR-VAN EQUIP., INC.

67 A.D.2d 751 (1979)

L. B. Smith, Inc., Respondent, v. Mar-Van Equipment, Inc., et al., Appellants, et al., Defendant

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

January 4, 1979

Plaintiff owned a hydraulic crane that was manufactured by Grove Manufacturing Company (Grove). Mar-Van Equipment, Inc. (Mar-Van) entered into a written lease with the plaintiff for rental of the crane. The lease contained a provision making Mar-Van liable for the cost of any breakage or unusual wear and tear on the crane during the term of the lease. In October of 1970, Granite Construction Company (Granite) rented the crane from Mar-Van in order to position transmission...

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