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CLAIROL v. MOORE-McCORMACK

79 A.D.2d 297 (1981)

Clairol, Incorporated, Respondent, v. Moore-McCormack Lines, Inc., Appellant, et al., Defendant

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

February 26, 1981

Attorney(s) appearing for the Case

Lawrence J. Mahoney of counsel (Dougherty, Ryan, Mahoney, Pellegrino, Giuffra & Zambito, attorneys), for appellant.

Seymour Simon of counsel (Graham & Simon, P. C., attorneys), for respondent.

ROSS, MARKEWICH and LYNCH, JJ., concur with MURPHY, P. J.; LUPIANO, J., concurs in an opinion.

MURPHY, P. J.

The operative facts are fairly stated in the opinion at Special Term (103 Misc.2d 208). It should also be noted that clause 13 of the bill of lading is substantially the same as the controlling provision in the Carriage of Goods by Sea Act (COGSA) (US Code, tit 46, § 1304, subd [5]). Special Term decided this dispute under COGSA rather than under the...

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