SHAYNE INDUSTRIES (USA), INC. v. SCANWELL FREIGHT EXPRESS (USA), LTD.


1 A.D.3d 266 (2003)

767 N.Y.S.2d 417

SHAYNE INDUSTRIES (USA), INC., Respondent, v. SCANWELL FREIGHT EXPRESS (USA), LTD., et al., Appellants.

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

November 20, 2003.


Although there is no indication from the motion court's decision that the court took into account that the bills of lading issued by the nonparty ocean carrier contained a "Himalaya Clause" extending the liability protections contained within those bills to agents or subcontractors of the ocean carrier, we nonetheless affirm the denial of defendants' motion because defendants' documentary evidence does not establish that they were agents or subcontractors of the ocean carrier...

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