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INDEX PHOTOGRAPHY v. UPS

164 Misc.2d 712 (1995)

625 N.Y.S.2d 821

Index Stock Photography, Inc., Plaintiff, v. United Parcel Service Corp., Defendant.

Supreme Court, New York County.

March 8, 1995

Attorney(s) appearing for the Case

Kenneth Adler & Associates, Melville (Alan Copertino of counsel), for defendant. Rousso & Burke, New York City, for plaintiff.

HERMAN CAHN, J.

Motion for summary judgment, CPLR 3212, made by defendant is decided as follows.

This is an action commenced by plaintiff to recover money damages by reason of defendant's alleged negligence in the handling of a certain package delivered to it for shipping.

The basic facts are as follows:

In August 1992, plaintiff, a frequent user of the shipping services provided by...

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