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CONT'L METALS CORP. v. MUN. WAREHOUSE CO.

92 A.D.2d 477 (1983)

Continental Metals Corporation, Respondent, v. Municipal Warehouse Company, Appellant

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

February 8, 1983

Respondent shall recover of appellant $75 costs and disbursements of this appeal.

Silverman, J., dissents in a memorandum as follows:

I would reverse the order appealed from, deny plaintiff's motion for summary judgment, and grant defendant's motion for summary judgment dismissing the complaint. Plaintiff delivered certain cobalt to defendant, a public warehouse; defendant has not returned the cobalt and is unable to explain the loss of the cobalt...

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