SNC S.L.B. v. M/V NEWARK BAY

No. 845, Docket 96-7826.

111 F.3d 243 (1997)

SNC S.L.B., as subrogor of the Institute of London Underwriters and Gilles Bentin, Plaintiffs-Appellees, v. M/V NEWARK BAY, her tackle, boilers, engines, etc., M/V Sea Eagle, her tackle, boilers, engines, etc., and Leonhardt & Blumberg, Defendants, Sea-Land Service, Inc., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 2, 1997.


Attorney(s) appearing for the Case

M.E. DeOrchis, New York City (John A. Orzel, DeOrchis & Partners, New York City, on the brief), for defendant-appellant.

Stephan Skoufalos, New York City (Laurence E. Curran, Chalos & Brown, New York City, on the brief), for plaintiffs-appellees.

Before: VAN GRAAFEILAND, LEVAL and CABRANES, Circuit Judges.


JOSÉ A. CABRANES, Circuit Judge:

This is a "dropped yacht" case. It belongs to a subspecies of maritime case in which a shipper's yacht is dropped while being unloaded from a vessel.1 In this case, the carrier asserts the $500-per-"package" limitation of liability provided for in the Carriage of Goods by Sea Act, 46 U.S.C.App. § 1300 et seq. ("COGSA"), incorporated into the contract of carriage by its terms. The shipper...

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