PRICE & PIERCE INTERNATIONAL, INC. v. SUZANNE TRANSPORT, INC.


262 A.D.2d 544 (1999)

691 N.Y.S.2d 345

PRICE & PIERCE INTERNATIONAL, INC., Respondent, v. SUZANNE TRANSPORT, INC., Appellant, et al., Defendant.

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

Decided June 21, 1999.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was for summary judgment against the appellant on the issue of liability is denied.

The plaintiff commenced this action to recover damages it incurred when rolls of paper which it stored in a building owned by the defendant Gultex, Inc., and leased to the appellant, sustained water damage. While the plaintiff established a prima facie case of entitlement...

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