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  5. 67 N.Y.2d 901 (1986)
 

AETNA CAS. & SUR. CO. v. BEKINS VAN LINES CO.

67 N.Y.2d 901 (1986)

Aetna Casualty and Surety Company, Appellant, v. Bekins Van Lines Co., Respondent and Third-Party Plaintiff. Gerald Smith, Third-Party Defendant.

Court of Appeals of the State of New York.

Decided April 1, 1986.

Attorney(s) appearing for the Case

John P. D'Ambrosio for appellant.

Eric A. Portuguese and Steven B. Prystowsky for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the motion of defendant Bekins for summary judgment dismissing Aetna's complaint denied, and plaintiff's cross motion for summary judgment in the principal sum of $14,161.87 granted.

Gerald Smith, the third-party defendant, engaged Bekins, a common carrier, to ship his personal belongings, including a Mercedes Benz automobile, from Houston...

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