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FISONS CORP. v. LUMBERMENS MUT. CAS. CO.

229 A.D.2d 925 (1996)

645 N.Y.S.2d 230

Fisons Corporation, Doing Business as Fisons Pharmaceuticals, Respondent-Appellant, v. Lumbermens Mutual Casualty Co., Appellant-Respondent. (Appeal No. 1.)

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

July 12, 1996

Judgment unanimously affirmed without costs.

Memorandum:

On May 11, 1990, plaintiff contracted with Trailer Transport Systems, Inc. (Trailer), to arrange for the delivery of a shipment of pharmaceuticals from Rochester, New York, to a warehouse in the State of Georgia. Trailer issued plaintiff a bill of lading and contracted with defendant's insured, Penerex Carpet Services, Inc. (Penerex), to transport the pharmaceuticals to Georgia. En route, the pharmaceuticals...

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