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ELLISON v. MIDTOWN MOVING

188 Misc.2d 703 (2001)

729 N.Y.S.2d 565

JOHN B. ELLISON, Respondent, v. MIDTOWN MOVING & STORAGE, INC., Appellant.

Supreme Court, Appellate Term, First Department.

May 3, 2001.

Attorney(s) appearing for the Case

Agulnick & Gogel, L. L. C., New York City (William A. Gogel of counsel), for appellant.

John B. Ellison, respondent pro se.

PARNESS, P. J., GANGEL-JACOB and SUAREZ, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Judgment entered on or about December 28, 1999 reversed, without costs, and action dismissed.

No basis is shown to impose liability in negligence or otherwise upon defendant for the public sale of plaintiff's warehoused property, in view of the defendant's unassailable documentary showing that it complied with the notification and publication requirements of article 7...

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