HERR'S MOTOR EXPRESS, INC. v. A. R. MIDWAY TRUCK & TRAILER SALES, INC.


90 A.D.2d 954 (1982)

Herr's Motor Express, Inc., et al., Appellants, v. A. R. Midway Truck and Trailer Sales, Inc., Respondent

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

November 9, 1982


Order reversed, with costs, and motion granted.

Memorandum:

Plaintiff appeals the denial of its motion for summary judgment on the issue of liability in its action to recover for property damage to its trailer incurred in an accident which resulted from a faulty rear axle on the tractor. Defendant, a corporation doing truck repair, had allegedly installed the axle improperly. In a prior action against defendant arising out of the same accident and based on...

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