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EXP. INS. CO. v. MITSUI S. S. CO.

26 A.D.2d 436 (1966)

Export Insurance Company, Respondent, v. Mitsui Steamship Co., Ltd., Doing Business as Mitsui Line, Appellant

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

November 22, 1966.

Attorney(s) appearing for the Case

Gerard Harrington, Jr., of counsel (Burlingham Underwood Barron Wright & White, attorneys), for appellant.

William R. Vincent and Charles D. Herak of counsel (William R. Vincent, attorney), for respondent.

RABIN, J. P., McNALLY, STEVENS, STEUER and WITMER, JJ., concur.

Per Curiam.

The Civil Court dismissed this action on the ground that it constituted an unreasonable burden on commerce within the meaning of the Commerce Clause of the United States Constitution (art. I, § 8, cl. 3) rendering moot plaintiff's motion for a pretrial examination of defendant. The Appellate Term reversed the judgment of dismissal and remanded plaintiff's motion for examination to the Civil Court. The Appellate Term held that the Commerce Clause...

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