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BEST CHEESE v. ALL-WAYS

4 Misc.3d 487 (2004)

778 N.Y.S.2d 873

BEST CHEESE CORPORATION, Plaintiff v. ALL-WAYS FORWARDING INTERNATIONAL, INC., et al., Defendants and Third-Party Plaintiffs. HAPAG-LLOYD CONTAINER LINE GMBH et al., Third-Party Defendants.

Supreme Court, Westchester County.

June 10, 2004.

Attorney(s) appearing for the Case

Friedman, Harfenist & Langer, Lake Success (Steven J. Harfenist of counsel), for plaintiff.

Cichanowicz, Callan, Keane, Vengro & Taxtor, LLP, New York City (Patrick M. DeCharles, II, of counsel), for defendants and third-party plaintiffs.

Fowler Rodriguez & Chalos, Port Washington (Eugene J. O'Connor of counsel), for third-party defendants.

OPINION OF THE COURT

JOHN R. LACAVA, J.

In September 2001, Best Cheese Corporation contracted with All-Ways Forwarding International, Inc. to act as freight forwarder of shipments of cheese from Gauda, Slovakia, to the United States. In turn, All-Ways contracted with Maritime Freight America, Corp. (MFA) to provide the ocean transport.

As per these contractual arrangements, during August and September 2002...

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