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MARO LEATHER v. AEROLINEAS

142 A.D.2d 265 (1988)

Maro Leather Co., Appellant, v. Aerolineas Argentinas, Respondent and Third-Party Plaintiff, et al., Third-Party Defendant

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

December 20, 1988

Attorney(s) appearing for the Case

Paul H. Murphy of counsel (Joseph A. Scalzo with him on the brief; Donovan, Maloof, Walsh & Repetto, attorneys), for appellant.

Paul Ambos of counsel (Walsh and Levine, attorneys), for respondent and third-party plaintiff.

MURPHY, P. J., SULLIVAN, ROSENBERGER and WALLACH, JJ., concur.

ASCH, J.

Plaintiff Maro Leather Co., an importer, was the consignee of nine pallets of unfinished leather from Argentina. The complete shipment of nine pallets was manifested aboard defendant Aerolineas Argentinas' flight 310 of January 29, 1984 from Buenos Aires to New York. Aerolineas' delivery tally, dated February 2, 1984, reflected that only 7 of the 9 pallets were delivered to plaintiff's agent. The tally...

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