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HEARST CORP. v. BONDED SERVS.

124 Misc.2d 455 (1984)

Hearst Corporation, Plaintiff, v. Bonded Services, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

April 18, 1984

Attorney(s) appearing for the Case

Greenhill, Speyer & Thurm (Margaret M. O'Neill of counsel), for plaintiff. Gwertzman, Pfeffer, Toker & Lefkowitz (Ellen Marie Larkin of counsel), for Bonded Services, Inc., defendant. Joseph W. Conklin for Man Engineering, Inc., defendant.

IRA GAMMERMAN, J.

This is a motion by plaintiff for an order under CPLR 3211 (subd [a], par 7) dismissing the second affirmative defense of defendant Bonded Services, Inc. (Bonded) on the ground that it is "invalid as a matter of law". Under the challenged defense, Bonded alleges that a written agreement limits Bonded's liability for the property damage alleged to have occurred to plaintiff's property while stored in Bonded's warehouse. Plaintiff contends...

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