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TRAVELERS INDEM. CO. v. MAHO MACH. TOOL CORP.

No. 311, Docket 91-7605.

952 F.2d 26 (1991)

TRAVELERS INDEMNITY CO., as Subrogee of Windward International, Inc., Plaintiff-Appellant, v. MAHO MACHINE TOOL CORPORATION, Defendant-Third-Party-Plaintiff-Appellee, Orange County Crating, Third-Party Defendant.

United States Court of Appeals, Second Circuit.

Decided December 9, 1991.

Attorney(s) appearing for the Case

Roman Badiak, New York City (Badiak, Will & Maloof, on the brief), for plaintiff-appellant.

Martin S. Berglas, New York City, for defendant-third-party-plaintiff-appellee.

Before OAKES, Chief Judge, VAN GRAAFEILAND and NEWMAN, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal in an admiralty case concerns issues arising essentially under the law of sales as to the respective rights of seller and buyer when purchased goods arrive in non-conforming condition. Travelers Indemnity Company ("Travelers") appeals from the June 12, 1991, judgment of the District Court for the Southern District of New York (Charles M. Metzner, Judge) dismissing, after a bench trial, its claim as subrogee of its insured...

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