FRUITCO CORP. v. RAIL CORP.


118 Misc.2d 1090 (1983)

Fruitco Corporation, Plaintiff, v. Consolidated Rail Corporation, Defendant.

Civil Court of the City of New York, Special Term, New York County.

April 20, 1983


Attorney(s) appearing for the Case

Bernstein, Weiss, Coplan, Weinstein & Lake (Paul R. Williams of counsel), for plaintiff. Michael J. Siris for defendant.


ELLIOTT WILK, J.

Although the goods consigned to plaintiff were lemons to begin with, they are worthless now. Plaintiff has sued defendant rail carrier, claiming that the fruit was damaged en route to New York City.

Plaintiff moves to dismiss defendant's twelfth affirmative defense. Defendant cross-moves for summary judgment pursuant to that same defense. The motions raise novel issues concerning the application of the Staggers Rail Act of 1980...

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