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GREAT AM. INS. AGENCY v. UPS

3 Misc.3d 301 (2004)

772 N.Y.S.2d 486

GREAT AMERICAN INSURANCE AGENCY, as Subrogee of NASR BROS. JEWELERS, INC., Plaintiff, v. UNITED PARCEL SERVICE et al., Defendants.

Supreme Court, New York County.

January 20, 2004.

Attorney(s) appearing for the Case

Piper Rudnick, LLP, New York City (Edward F. Maluf of counsel), for defendants.

Gerard D. De Santis, Carle Place, for plaintiff.

OPINION OF THE COURT

DIANE A. LEBEDEFF, J.

Significant legal changes have impacted the once settled area of law relating to the tariffs of many interstate common carriers, and those changes bear upon the disposition of this summary judgment motion by defendant United Parcel Service (UPS).

The facts are simple. Plaintiff alleges that, in September of 1998, its insured, the subrogor, delivered two packages...

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