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STATE v. UPSTATE STORAGE, INC.

145 A.D.2d 714 (1988)

State of New York, Respondent, v. Upstate Storage, Inc., Appellant and Third-Party Plaintiff-Respondent. Please-More Construction Company, Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendants

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

December 1, 1988

Weiss, J.

This action seeks recovery of the value of plaintiff's foodstuffs which were destroyed while in storage in defendant's warehouse. The food had been given to plaintiff by the United States Department of Agriculture for distribution to certain institutions, agencies, camps, child care centers and schools. The third-party complaint seeks recovery over against the third-party defendants for their negligence in the construction of the warehouse building...

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