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VENORE TRANSPORTATION CO. v. OSWEGO SHIPPING CORP.

No. 69 Civ. 1099.

363 F.Supp. 1366 (1973)

VENORE TRANSPORTATION COMPANY, Plaintiff, v. OSWEGO SHIPPING CORPORATION, Defendant and Third-Party Plaintiff, v. BANCO do BRASIL, Third-Party Defendant.

United States District Court, S. D. New York.

August 29, 1973.

Attorney(s) appearing for the Case

Mendes & Mount, New York City, for plaintiff; Daniel Huttenbrauck, Howard M. McCormack, New York City, of counsel.

Symmers, Fish & Warner, New York City, for defendant and third-party plaintiff; William Warner, New York City, of counsel.

Newman & Schlau, New York City, for third-party defendant; Richard L. Newman, Frank E. Nattier, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff, Venore Transportation Company, owner pro hac vice of the S.S. Santore seeks recovery of damages sustained by her while under time charter to the defendant, Oswego Shipping Corporation, during the discharge of a cargo of grain at Bahia, Salvador, Brazil. The claim is based upon Oswego's alleged breach of the safe berth clause contained in the charter party.1 At the time...

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