General Bronze Corp. v. North American Van Lines, Inc.

Appellate Division of the Supreme Court of New York

General Bronze Corp. v. North American Van Lines, Inc.

29 A.D.2d 514, 285 N.Y.S.2d 142, 1967 N.Y. App. Div. LEXIS 2855

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 5, 1967

StatusPublished

This text of 29 A.D.2d 514 (General Bronze Corp. v. North American Van Lines, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

General Bronze Corp. v. North American Van Lines, Inc., 29 A.D.2d 514, 285 N.Y.S.2d 142, 1967 N.Y. App. Div. LEXIS 2855 (N.Y. Ct. App. 1967).

Pincite

Opinion

Order, entered February 1, 1967, denying summary judgment unanimously modified, on the law, to the extent of finding, pursuant to CPLR 3212 (subd. [g]) that plaintiff is entitled to recover a minimum of 30 cents a pound, and otherwise affirmed, without costs and without disbursements. Recovery beyond 30 cents a pound presents a mixed question of fact and law, since plaintiff claims the Household Goods Bill of Lading Act does not apply and the bill of lading limitation is unenforcible. The nature of the shipment and its handling and the equipment required in respect thereto are factual issues, to be resolved at a trial, and govern the applicability of the act. Concur — Steuer, J P., Capozzoli, Tilzer, McNally and MeGivem, JJ.

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Order, entered February 1, 1967, denying summary judgment unanimously modified, on the law, to the extent of finding, pursuant to CPLR 3212 (subd. [g]) that plaintiff is entitled to recover a minimum of 30 cents a pound, and otherwise affirmed, without costs and without disbursements. Recovery beyond 30 cents a pound presents a mixed question of fact and law, since plaintiff claims the Household Goods Bill of Lading Act does not apply and the bill of lading limitation is unenforcible. The nature of the shipment and its handling and the equipment required in respect thereto are factual issues, to be resolved at a trial, and govern the applicability of the act. Concur — Steuer, J P., Capozzoli, Tilzer, McNally and MeGivem, JJ.

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Bluebook (online)

29 A.D.2d 514, 285 N.Y.S.2d 142, 1967 N.Y. App. Div. LEXIS 2855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-bronze-corp-v-north-american-van-lines-inc-nyappdiv-1967.