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DESSERT SERVICE, INC. v. M/V MSC JAMIE/RAFAELA

No. 01 Civ. 1684(NRB).

219 F.Supp.2d 504 (2002)

DESSERT SERVICE, INC., Plaintiff, v. M/V MSC JAMIE/RAFAELA, her engines, boilers, tackle, etc., Mediterranean Shipping Co. S.A., Jacinia Holdings, Inc., Partrederiet "MSC Jamie," Defendants.

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

August 14, 2002.

Attorney(s) appearing for the Case

Harold M. Kingsley, Steven P. Calkins, Kingsley & Kingsley, Hicksville, New York, for Plaintiff.

Edward Philip Flood, Kirk M.H. Lyons, Lyons, Skoufalos, Proios & Flood, LLP, New York City, for Defendants.

MEMORANDUM AND ORDER

BUCHWALD, District Judge.

Plaintiff Dessert Services, Inc. ("Dessert Services") brings this action against defendant Mediterranean Shipping Company, S.A. ("MSC"), claiming damages for a shipment of frozen desserts that thawed during carriage. As MSC has previously stipulated to liability, Dessert Services has moved for summary judgment against MSC on the issue of damages, arguing both that (1) damages should be measured by the sound...

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