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SCHOEFFER v. UNITED PARCEL SERV. OF N. Y.

277 A.D. 569 (1950)

Rosemarie Schoeffer, Respondent, v. United Parcel Service of New York, Inc., Appellant

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

December 19, 1950.

Attorney(s) appearing for the Case

William S. Gaud, Jr., of counsel (Edwin H. Krom and Albert G. Besser with him on the brief; Carter, Ledyard & Milburn, attorneys), for appellant.

Lester Samuels of counsel (Murray C. Spett and Benjamin S. Blair with him on the brief; Weisman, Celler, Quinn, Allan & Spett, attorneys), for respondent.

PECK, P. J., GLENNON, DORE, and VAN VOORHIS, JJ., concur.

SHIENTAG, J.

The action is to recover the sum of $12,000 for the alleged negligent loss by defendant of plaintiff's furs. These furs were received by defendant, a contract carrier, from plaintiff's bailee, John F. Morris Furs, Inc. (hereinafter called "Morris"), for delivery to plaintiff. The appeal is from an order striking out the complete defense set up in the answer. That defense alleges in substance: that...

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