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BELGIAN MKTG. v. AM. AIRLINES

176 Misc.2d 206 (1998)

673 N.Y.S.2d 817

Belgian Endive Marketing Board, Inc., Appellant, v. American Airlines, Inc., Respondent.

Supreme Court, Appellate Term, Second Department.

February 17, 1998.

Attorney(s) appearing for the Case

Kaiman & Finkel, Mineola (Richard S. Finkel of counsel), for appellant. Bigham Englar Jones & Houston, New York City (Elaine P. Juran of counsel), for respondent.

ARONIN and CHETTA, JJ., concur; KASSOFF, P. J., dissents in a separate memorandum.

MEMORANDUM.

Order reversed without costs, and defendant's motion is denied.

Plaintiff Belgian Endive (hereinafter Belgian) commenced the instant suit to recover the value of a shipment of perishable produce allegedly damaged as a result of defendant American Airlines' (hereinafter American) negligence. The facts briefly are as follows. On or about June 18, 1993, defendant American agreed to transport a shipment...

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