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ICC METALS v. WAREHOUSE CO.

50 N.Y.2d 657 (1980)

I.C.C. Metals, Inc., Respondent, v. Municipal Warehouse Company, Appellant.

Court of Appeals of the State of New York.

Decided July 1, 1980.

Attorney(s) appearing for the Case

Cecil Holland, Jr., for appellant.

Thomas Field for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER, FUCHSBERG and MEYER concur with Judge GABRIELLI; Judge JASEN dissents and votes to reverse in a separate opinion.

GABRIELLI, J.

At issue on this appeal is whether a warehouse which provides no adequate explanation for its failure to return stored property upon a proper demand is entitled to the benefit of a contractual limitation upon its liability. For the reasons discussed below, we conclude that proof of delivery of the stored property to the warehouse and its failure to return that property upon proper demand suffices...

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