CUE FASHIONS, INC. v. LJS DISTRIBUTION, INC.

No. 91 Civ. 1224 (WCC).

807 F.Supp. 334 (1992)

CUE FASHIONS, INC., Plaintiff, v. LJS DISTRIBUTION, INC., d/b/a Phiara, LJS Leasing, Inc., d/b/a Phiara, Daybreak Express, Inc. and Albany Insurance Company, Defendants.

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

November 24, 1992.


Attorney(s) appearing for the Case

Glauberman & Kessler, New York City (David Kessler, Robert L. Rotmil, of counsel), for plaintiff.

Kingsley & Kingsley, Hicksville, NY (Harold M. Kingsley, of counsel), for defendant Albany Ins. Co.


OPINION AND ORDER

WILLIAM C. CONNER, District Judge:

Plaintiff Cue Fashions, Inc. brings this action as successor in interest to M.S.D. Apparel, Inc. (M.S.D. Apparel) under the Carmeck Amendment to the Interstate Commerce Act, 49 U.S.C. § 11707, for breach of contract, breach of implied warranty, strict liability, and negligence against LJS Distribution, Inc. (LJS Distribution) and Daybreak Express, Inc. (Daybreak). Plaintiff also states a claim against...

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