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RODRIGUEZ v. MOORE-McCORMACK LINES

32 N.Y.2d 425 (1973)

J. M. Rodriguez & Co., Inc., Respondent, v. Moore-McCormack Lines, Inc. et al., Appellants.

Court of Appeals of the State of New York.

Decided May 31, 1973.

Attorney(s) appearing for the Case

Lawrence J. Mahoney and Peter J. Zambito for appellants.

Michael C. Bernstein and Norman A. Coplan for respondent.

Judges BURKE, JASEN and WACHTLER concur with Judge BREITEL; Judge JONES dissents in part and votes to modify in a separate opinion in which Chief Judge FULD concurs; Judge GABRIELLI dissents in part and votes to modify on the dissenting opinion at the Appellate Division.

BREITEL, J.

In an action on an agreed statement of facts by an importer1 for nondelivery of goods shipped under a marine bill of lading, the carrier appeals. The issue is the proper measure of damages for goods discovered lost by unexplained disappearance after a longshoremen's strike at the port of destination, where the parties had agreed that the carrier was not liable for delays...

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