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AMER EXPRESS v. US LINES INC

76 A.D.2d 428 (1980)

American Express Company, Appellant, v. United States Lines, Inc. et al., Respondents, et al., Defendant

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

July 31, 1980

Attorney(s) appearing for the Case

Dennis M. Perlberg of counsel (Simon Greenhill and John M. Speyer with him on the brief; Greenhill, Speyer & Thurm, attorneys), for appellant.

Peter J. Zambito of counsel (Dougherty, Ryan, Mahoney, Pellegrino, Giuffra & Zambito, attorneys), for United States Lines, Inc., respondent.

James M. Hughes of counsel (Bigham Englar Jones & Houston, attorneys), for Sullivan Security Services, Inc., respondent.

ROSS and LUPIANO, JJ., concur. SILVERMAN and BLOOM, JJ., dissent and would affirm for the reasons stated by HELMAN, J., at Trial Term.

SULLIVAN, J. P.

Seeking $483,071 in damages, representing the amounts paid to holders in due course, plaintiff sues to recover for the theft of two cases of travelers checks which it had delivered to United States Lines at Pier 62, North River, for overseas shipment on one of its ocean carriers. A Wells Fargo armored truck had delivered the checks on April 12, 1967. The vessel, which was to arrive by April 13...

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