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McNAUGHTON, INC. v. POLAR AIR

183 Misc.2d 462 (1999)

702 N.Y.S.2d 759

NORTON McNAUGHTON, INC., Plaintiff, v. POLAR AIR CARGO et al., Defendants.

Supreme Court, New York County.

December 10, 1999.

Attorney(s) appearing for the Case

Bigham Engler, New York City (Patrick Corbett and Brent English of counsel), for plaintiff.

Kennedy Lillis, New York City, for Polar Air Cargo, defendant.

Deborah Reid, New York City, for M.S.L. Express, Inc., defendant.

OPINION OF THE COURT

FRANKLIN R. WEISSBERG, J.

This is an action for the recovery of damages resulting from a stolen shipment of goods. The plaintiff, Norton McNaughton, Inc. (Norton), manufactures ladies' clothing. Sometime in 1996, it contracted with defendant M.S.L. Express, Inc. (MSL), to have 20,830 cartons of ladies' suits transported from its factory in Hong Kong to a bonded warehouse in New York City. MSL was to arrange the entire trip. Towards that...

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