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MOHERTUS TRADING CO. v. UPS

158 Misc.2d 46 (1993)

600 N.Y.S.2d 898

Mohertus Trading Company, Plaintiff, v. United Parcel Service Co., Defendant.

Civil Court of the City of New York, New York County.

June 15, 1993

Attorney(s) appearing for the Case

Kenneth Adler & Associates for defendant. Storch Amini & Munves, P. C., for plaintiff.

LOUIS B. YORK, J.

In this case, plaintiff Mohertus Trading Company (Mohertus) is suing defendant United Parcel Service (UPS) for $10,497, the amount allegedly owed it for goods UPS lost in shipping. UPS has moved for a grant of summary judgment against Mohertus on the grounds that (1) plaintiff does not possess a cause of action against the defendant as a matter of law and (2) there exist no triable issues...

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