RGA INDUS. v. JOMAS EXPRESS


129 Misc.2d 1066 (1985)

RGA Industries, Inc., Respondent, v. Jomas Express, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

December 4, 1985


Attorney(s) appearing for the Case

Graham, Miller, Neandross, Mullin & Roonan, P. C. (William Mullin of counsel), for appellant. John P. D'Ambrosio, P. C. (John P. D'Ambrosio of counsel), for respondent.

HUGHES, J. P., RICCOBONO and PARNESS, JJ., concur.


Per Curiam.

Order entered March 6, 1985 unanimously modified to the extent of striking the affirmative defense of limitation of liability and, as modified, affirmed, with $10 costs to the plaintiff-respondent.

This is an action against a common carrier for breach of contract, negligence, and conversion in connection with a shipment of goods which was never delivered to the intended consignees or returned to the plaintiff. The failure to deliver is conceded...

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