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FLEET WING CORP. v. OIL TRANSFER CORP.

282 A.D. 28 (1953)

Fleet Wing Corporation, Respondent, v. Oil Transfer Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 13, 1953.

Attorney(s) appearing for the Case

George J. Nier for respondent.

Frederick W. Bickmann, Jr., Gerald J. McKernan and James N. Allen for appellant.

All concur. Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and WHEELER, JJ.

Per Curiam.

We are satisfied that by the provisions of the contract of affreightment the plaintiff may maintain no action against the defendant for loss or damage to the cargo of gasoline. The plaintiff on the argument and in its brief recognizes that this is so and is seeking recovery for damage to the oil in the storage tank only. However, the contract of affreightment is of no force or effect by way of release of liability, notice of claim or time limitation...

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