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RODRIQUEZ & CO. v. MOORE-McCORMACK LINES

38 A.D.2d 341 (1972)

J. M. Rodriquez & Co., Inc., Plaintiff, v. Moore-McCormack Lines, Inc., et al., Defendants

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

March 2, 1972.

Attorney(s) appearing for the Case

Michael C. Bernstein of counsel (Bernstein, Weiss, Parter, Coplan & Weinstein, attorneys), for plaintiff.

Lawrence J. Mahoney of counsel (Dougherty, Ryan, Mahoney, Pellegrino & Giuffra, attorneys), for Moore-McCormack Lines, Inc., defendant.

MARKEWICH, J. P., NUNEZ and STEUER, JJ., concur with MURPHY, J.; CAPOZZOLI, J., dissents in an opinion.

MURPHY, J.

The sole issue involved on this submission of controversy pursuant to CPLR 3222 is the correct measure of damages to be applied in connection with plaintiff's conceded loss.

Plaintiff is the bona fide purchaser of a clean "on board" bill of lading for 200 sacks of cloves received by defendant, a common carrier, for shipment to plaintiff at New York.

Defendant's vessel, the S.S. Mormacpenn...

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