ATLANTIC MUTUAL INSURANCE COMPANY v. SEA TRANSFER TRUCKING CORPORATION


264 A.D.2d 659 (1999)

696 N.Y.S.2d 114

ATLANTIC MUTUAL INSURANCE COMPANY, Respondent, v. SEA TRANSFER TRUCKING CORPORATION, Appellant.

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

Decided September 28, 1999.


The denial of defendant's cross-motion was proper in all respects. Summary judgment on the basis of the limitation of liability defense was properly denied where triable issues of fact remained as to whether the disappearance of plaintiff's goods from defendant's warehouse gave rise to a claim for conversion (see, I.C.C. Metals v Municipal Warehouse Co., 50 N.Y.2d 657). Although it was undisputed, inter alia, that defendant...

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