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MORGAN & BROS. v. McGUIRE

114 Misc.2d 951 (1982)

Morgan and Brothers Manhattan Storage Co., Inc., Plaintiff, v. Robert J. McGuire, as Commissioner of the New York City Police Department, et al., Defendants.

Supreme Court, Special Term, New York County.

May 4, 1982

Attorney(s) appearing for the Case

Broksky, Linett, Altman Schecter & Reicher for plaintiff. Frederick A. O. Schwarz, Corporation Counsel (Rosemary Carroll and Gary W. Nester of counsel), for Robert J. McGuire, defendant. Robert Abrams, Attorney-General (Allen E. Kirstein of counsel), for State Tax Commission and another, defendants. Robert M. Morgenthau, District Attorney (Kenneth Spielfogel of counsel), defendant pro se.

WILLIAM P. McCOOE, J.

A motion and cross motions for summary judgment pursuant to CPLR 3212 to determine the rights in the contents of a trunk are presented for determination. A trunk was allegedly deposited with the plaintiff Morgan and Brothers Manhattan Storage Co., Inc. (Morgan), a warehouseman, for storage by an unknown person on an unknown date. The warehouse receipt cannot be found and the true owner...

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