FERRO UNION, INC. v. M/V TAMAMONTA

No. 02 CIV.2010(VM).

317 F.Supp.2d 456 (2004)

FERRO UNION, INC., Plaintiff, v. M/V TAMAMONTA, her engines, tackle, boilers, etc. in rem; and against Lykes Lines Limited, LLC, Tamahine Shipping Hong Kong Ltd., Tamapatcharee Shipping Ltd., Tamahine Investments Ltd. and V. Ships (U.K.) Ltd. in personas, Defendants.

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

May 7, 2004.


Attorney(s) appearing for the Case

John T. Lillis, Jr., Matthew Todd Loesberg, Kennedy Lillis Schmidt & English, New York City, for Plaintiff.

Christopher H. Mansuy, DeOrchis & Partners, L.L.P., New York City, for Defendants.


DECISION AND ORDER

MARRERO, District Judge.

Primarily at issue in these cross-motions for summary judgment is whether a consignee of goods can recover damages against a carrier responsible for damaging the goods, where the consignee's only measure of damages is its insurance award. Because the Second Circuit has already answered this question in the negative, the Court grants the defendants' motion for summary judgment and dismisses the case.

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