Legal Opinion · Dissent
Garcia & Diaz, Inc. v. Trans World Refining Corp.
Appellate Division of the Supreme Court of the State of New York
Decided July 6, 1961Published
1Dissent
Breitel, J. (dissenting).
The principal question raised on this appeal is whether a shipping agent occupying two city-owned piers under revocable permits may exact a charge for the storage of goods upon the piers, such charges not being expressly authorized by statute, ordinance, or the permits.
Additional questions have been raised whether, in fact, an agreement providing for such charges was made between plaintiff (the shipping agent) and defendant, and whether the charges were reasonable. Because it is concluded that the shipping agent could not properly exact such storage charges by…
2Cases cited18 opinions
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Transportation Co. v. ParkersburgSupreme Court of the United States · 1883
- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
- Matter of Mayor, Etc., of N.Y.New York Court of Appeals · 1892
- Smith v. Mayor of New YorkNew York Court of Appeals · 1877
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