ATL. MUT. INS. CO. v. NOBLE VAN & STORAGE CO.


146 A.D.2d 729 (1989)

Atlantic Mutual Insurance Co., as Subrogee of Stein & Day, Inc., Appellant, v. Noble Van & Storage Co., Respondent, et al., Defendant

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

January 30, 1989


Ordered that the judgment is modified, on the law, by deleting the provision thereof dismissing the complaint in its entirety, substituting therefor a provision awarding the plaintiff nominal damages in the sum of $1, and otherwise dismissing the complaint; as so modified, the judgment is affirmed, without costs or disbursements.

Stein & Day, Inc.'s inventory of books allegedly sustained water damage while being stored in the respondent's warehouse. The plaintiff...

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