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WATERMILL EXPORT, INC. v. MV PONCE

No. 78 Civ. 1426.

506 F.Supp. 612 (1981)

WATERMILL EXPORT, INC., Plaintiff, v. MV "PONCE", her engines, boilers, etc., MV "BAYAMON", her engines, boilers, etc., MV "FORTALEZA", her engines, boilers, etc., Puerto Rico Maritime Shipping Authority, Sun Leasing Co., Ltd., United States Trust Company of New York and 650 Leasing Corporation, Defendants.

United States District Court, S. D. New York.

February 2, 1981.

Attorney(s) appearing for the Case

Hill, Rivkins, Carey, Loesberg & O'Brien, New York City, for plaintiff; Martin B. Mulroy, John Eric Olson, New York City, of counsel.

Dougherty, Ryan, Mahoney, Pellegrino, Giuffra & Zambito, New York City, for defendants; Peter J. Zambito, New York City, of counsel.

OPINION

SOFAER, District Judge:

Watermill Export, Inc. ("Watermill") has brought this action to recover for damage to potatoes shipped aboard defendants' vessels. Watermill has moved to strike defendants' sixth affirmative defense. That defense, based upon a clause in the governing bills of lading, would limit defendants' total potential liability to $500 for each of the large metal trailers in which the potatoes were shipped. The motion is granted.

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