Brothers v. Bradley Express, Inc.

New York Court of Appeals

Brothers v. Bradley Express, Inc.

313 N.E.2d 788, 34 N.Y.2d 730, 357 N.Y.S.2d 495, 1974 N.Y. LEXIS 1610

DecidedMay 8, 1974

StatusPublished

This text of 313 N.E.2d 788 (Brothers v. Bradley Express, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brothers v. Bradley Express, Inc., 313 N.E.2d 788, 34 N.Y.2d 730, 357 N.Y.S.2d 495, 1974 N.Y. LEXIS 1610 (N.Y. 1974).

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Opinions

Memorandum. The order of the Appellate Division should be affirmed, with costs.

The critical issue on this appeal, whether B. N. R. Agency, Inc. was acting as carrier, raises a question of fact which can not be resolved on a motion for summary judgment. That B. N. R. Agency, Inc. acted as “ carrier ” for Bradley Express, Inc. in carrying goods for the plaintiff and was not itself a licensed interstate carrier, makes it no less a carrier.

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Memorandum. The order of the Appellate Division should be affirmed, with costs.

The critical issue on this appeal, whether B. N. R. Agency, Inc. was acting as carrier, raises a question of fact which can not be resolved on a motion for summary judgment. That B. N. R. Agency, Inc. acted as “ carrier ” for Bradley Express, Inc. in carrying goods for the plaintiff and was not itself a licensed interstate carrier, makes it no less a carrier.

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313 N.E.2d 788, 34 N.Y.2d 730, 357 N.Y.S.2d 495, 1974 N.Y. LEXIS 1610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brothers-v-bradley-express-inc-ny-1974.