Legal Opinion

Bottoms & Tops International, Inc. v. United Parcel Service

Civil Court of the City of New York

Decided April 6, 1994Published

1Opinion of the Court

OPINION OF THE COURT

Marsha L. Steinhardt, J.

This is a motion brought on by the defendant, United Parcel Service (UPS), for an order dismissing the complaint of the *811plaintiff pursuant to CPLR 3211, or in the alternative, granting summary judgment against the plaintiff, and in its favor, pursuant to CPLR 3212. Plaintiff cross-moves for an order granting summary judgment to it, as against defendant UPS.

Plaintiff seeks to recover for the loss of a package containing jewelry which was shipped to Ed Dwek, in care of Marco Polo Hotel, Miami Beach, Florida. At some point subsequent to the…

2Cases cited3 opinions

  1. Scheu v. . BenedictNew York Court of Appeals · 1889
  2. Independence Mills Co. v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1887
  3. Richmond v. . Union Steamboat Co.New York Court of Appeals · 1881

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