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AIG EUROPE v. UPS SUPPLY CHAIN SOLUTIONS

No. 08 Civ. 2387(PGG).

765 F.Supp.2d 472 (2011)

AIG EUROPE (NETHERLANDS), N.V., Plaintiff, v. UPS SUPPLY CHAIN SOLUTIONS, INC., Defendant.

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

February 14, 2011.

Attorney(s) appearing for the Case

David Thomas Maloof, Thomas Mark Eagan, Jacqueline M. James, Maloof Browne & Eagan LLC, Rye, NY, for Plaintiff.

Vincent M. Deorchis, William Edward Lakis, Deorchis, & Partners, LLP, New York, NY, for Defendant.

MEMORANDUM OPINION & ORDER

PAUL G. GARDEPHE, District Judge.

Plaintiff AIG Europe (Netherlands), N.V. ("AIG") asserts contract, bailment, and tort claims in this subrogation action against Defendant UPS Supply Chain Solutions, Inc. ("UPS") arising out of damage to an x-ray machine during shipment from the Netherlands to San Angelo, Texas. AIG insured the shipment.

UPS has moved for summary judgment concerning Plaintiff's tort claim, and...

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