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ISSA v. RELIANCE INS. CO. OF NEW YORK

No. 86 CIV. 3060 (RO).

685 F.Supp. 47 (1987)

Khalil H. ISSA, a/k/a Khilil Issa, Plaintiff, v. RELIANCE INSURANCE COMPANY OF NEW YORK, Defendant.

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

March 2, 1987.

Attorney(s) appearing for the Case

Weg & Myers, P.C., New York City (Harry Cummins, of counsel), for plaintiff.

Waesche, Sheinbaum and O'Regan, P.C., New York City (Donald M. Waesche, Stephen C. Kimmel, of counsel), for defendant.

MEMORANDUM AND ORDER

OWEN, District Judge.

Plaintiff shipped three containers of shoes and other wearing apparel from the Canary Islands to Liberia aboard the M/V Fiona. Defendant insurance company issued a "special cargo policy" on the goods, clause 34 of which provides,

No suit or proceeding against this Company for the recovery of any claim shall be sustainable unless commenced within one year from the date of the happening of the accident out...

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