EDELWEISS (USA) INC. v. VENGROFF WILLIAMS & ASSOCIATES, INC.


27 A.D.3d 688 (2006)

815 N.Y.S.2d 589

EDELWEISS (USA) INC., Respondent, v. VENGROFF WILLIAMS & ASSOCIATES, INC., et al., Appellants.

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

March 28, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and the motion for summary judgment on the issue of liability against the defendants is denied.

The plaintiff sold frozen poultry to a purchaser in Russia, and arranged to have the poultry carried by boat, in three shipments, from the United States to Russia by Orient Overseas Container Line Limited (hereinafter OOCLL), a common carrier of goods for hire by sea. Upon the...

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