INTERCARGO INS. CO. v. CONTAINER INNOVATIONS, INC.

No. 99 Civ. 1158 (JSR).

100 F.Supp.2d 198 (2000)

INTERCARGO INSURANCE CO., Plaintiff, v. CONTAINER INNOVATIONS, INC., Defendant. Container Innovations, Inc., Third-Party Plaintiff, v. M/V CAROLINA, her engines, boilers, etc.; Navieras NPR, Inc., Panalpina, Inc.; Old Dominion Freight Line, Inc.; M/V Sea Racer, her engines, boilers, etc., Navylloyd AG; Puerto Rico Freight Systems, Inc.; St. John's Terminal Operating Co., Ltd.; Carribean Maritime Services, Ltd.; and John Does "A Through Z", Third-Party Defendants.

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

May 22, 2000.


Attorney(s) appearing for the Case

James J. Ruddy, Badiak, Will & Maloof, New York City, for Plaintiff.

David Loh, Nicoletti, Hornig, Campise & Sweeney, New York City, for Defendants.


MEMORANDUM ORDER

RAKOFF, District Judge.

Factually, this case concerns damage to two crates of telecommunication replacement parts shipped from New York to Antigua. Legally, it concerns yet another nuance in the interpretation of the much-litigated liability limitation provision of the United States Carriage of Goods at Sea Act ("COGSA"), 46 U.S.C.App. § 1304(5).

Following discovery, plaintiff and defendant each moved for summary judgment...

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