AIU INS. CO. v. MITSUI O.S.K. LINES, LTD.

No. 94 Civ. 1653 (RLC).

897 F.Supp. 724 (1995)

AIU INSURANCE COMPANY, a/s/o Proctor & Gamble Far East, Inc., Plaintiff, v. MITSUI O.S.K. LINES, LTD., Hatteras Shipholding S.A. and M/V/ Cape Henry, her engines, boilers, tackle, etc., Northwest Airlines, Inc. and Joseph J. Sarcona Trucking Co., Defendants.

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

July 14, 1995.


Attorney(s) appearing for the Case

Donovan, Parry, Walsh & Repetto, New York City (Matthew S. Schorr, Paul H. Murphy, of counsel), for plaintiff.

Kennedy, Lillis, Schmidt & English, New York City (Matthew T. Loesberg, Charles B. Schmidt, of counsel), for Defendant Northwest Airlines, Inc.


OPINION

ROBERT L. CARTER, District Judge.

Defendant Northwest Airlines, Inc. ("Northwest") moves to amend its answer to add the affirmative defense of accord and satisfaction against plaintiff AIU Insurance Company ("AIU"). Northwest also seeks summary judgment against plaintiff.

I.

In January 1993, plaintiff's assured, Proctor & Gamble Far East, Inc. ("PGFE"), bought 116 pallets of polyethylene film from Tredegar Film Products ("Tredegar...

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