KITZ CORP. v. TRANSCON SHIPPING SPECIALISTS, INC.


89 N.Y.2d 822 (1996)

675 N.E.2d 455

652 N.Y.S.2d 720

Kitz Corp., Plaintiff, v. Transcon Shipping Specialists, Inc., Defendant and Third-Party Plaintiff-Respondent. J & J Air Freight Trucking Co., Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendants.

Court of Appeals of the State of New York.

Decided November 14, 1996.


Attorney(s) appearing for the Case

Schindel, Farman & Lipsius, L. L. P., New York City (Jean M. Gardner and Allen M. Eisenberg of counsel), for appellant.

Schwartzman Weinstock Garelik & Mann, P. C., New York City (Donald A. Pitofsky of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum; Judge TITONE taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Kitz Corp., a fine arts collector in Japan, purchased a lamp valued at $886,000 from Christie, Manson and Woods auction house in New York City. Christie's hired Transcon Shipping Specialists to crate the lamp in preparation for its shipment to Japan, and employed Radix Group International...

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