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TORGERSEN v. TRANSERVICE LEASE CORP.

225 A.D.2d 485 (1996)

639 N.Y.S.2d 375

Kenneth Torgersen, Respondent, v. Transervice Lease Corp., Appellant Renee Torgersen, Respondent, v. Transervice Lease Corp., Appellant Kenneth Torgersen et al., Respondents, v. Motormen Haulage et al., Appellants

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

March 26, 1996

Issues of material fact remain as to whether defendants controlled the trailer and its contents while goods were being transported from the warehouse to the supermarket. On the one hand, defendants' operations manager indicated in his deposition that delivery trucks are sealed at the warehouse by Waldbaum's personnel and can only be unsealed by Waldbaum's personnel upon arrival at a delivery point, suggesting that control of the...

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