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HESS INT. CORP. v. ISTHMIAN S. S. CO.

5 A.D.2d 250 (1958)

Leo Hess International Corporation, Respondent, v. Isthmian Steamship Company, Appellant Isthmian Steamship Company, Third-Party Plaintiff, v. Barkey Importing Company, Inc., Third-Party Defendant Barkey Importing Company, Inc., Counterclaimant, v. Leo Hess International Corporation, Plaintiff and Defendant to Counterclaim, and M. Shafi Iravani Mottaghi, Defendant to Counterclaim

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

February 25, 1958.

Attorney(s) appearing for the Case

Walter P. Hickey of counsel (L. de Grove Potter with him on the brief; Kirlin, Campbell & Keating, attorneys), for appellant.

Ira M. Millstein of counsel (Marshall C. Berger with him on the brief; Weil, Gotshal & Manges, attorneys), for respondent.

BOTEIN, P. J., FRANK, VALENTE and McNALLY, JJ., concur.

BREITEL, J.

A steamship carrier moved for summary judgment dismissing the complaint of a holder of a bill of lading (who sues for nondelivery), on the ground that the time limitation in which to sue, provided both in the applicable statute and in the bill of lading, bars the action. Special Term denied the motion and the carrier has appealed. The order should be affirmed, there being issues of fact which require...

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