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KITZ CORP. v. TRANSCON SHIPPING SPECIALISTS, INC.

221 A.D.2d 261 (1995)

634 N.Y.S.2d 75

Kitz Corp., Plaintiff, v. Transcon Shipping Specialists, Inc., Defendant and Third-Party Plaintiff-Respondent. J&J Air Freight Trucking Co., Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendants

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

November 28, 1995

A party that is a stranger to a contract of carriage is not bound by limitations of liability in that contract (cf., Abdul-Haq v Pakistan Intl. Airlines, 101 Misc.2d 213, 214). No party had authority as an agent or otherwise to bind defendant to a limitation of J&J's liability. Nor is there evidence of any prior dealing between J&J and defendant and third-party plaintiff...

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