Porter v. Lyons Cold Storage & Ice Co.

Appellate Division of the Supreme Court of New York

Porter v. Lyons Cold Storage & Ice Co.

263 A.D. 785, 31 N.Y.S.2d 846, 1941 N.Y. App. Div. LEXIS 4917

Appellate Division of the Supreme Court of the State of New York·Decided November 7, 1941·Published

Opinion

Judgment affirmed, with costs. All concur, except Dowling, J., who dissents and votes for reversal and for dismissal of the complaint on the ground that the failure to file a written claim within seventy-two hours after discovery of the damage bars the action, there being no evidence to support a waiver or an estoppel; and Harris, J., not voting. (The judgment is for plaintiffs in an action for property damage to a quantity of onions stored in defendant’s warehouses.) Present —• Crosby, P. J., Taylor, Dowling, Harris and MeCurn, JJ.

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Judgment affirmed, with costs. All concur, except Dowling, J., who dissents and votes for reversal and for dismissal of the complaint on the ground that the failure to file a written claim within seventy-two hours after discovery of the damage bars the action, there being no evidence to support a waiver or an estoppel; and Harris, J., not voting. (The judgment is for plaintiffs in an action for property damage to a quantity of onions stored in defendant’s warehouses.) Present —• Crosby, P. J., Taylor, Dowling, Harris and MeCurn, JJ.

Porter v. Lyons Cold Storage & Ice Co., 263 A.D. 785, 31 N.Y.S.2d 846, 1941 N.Y. App. Div. LEXIS 4917 (N.Y. Ct. App. 1941).

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