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PARBULK II AS v. HERITAGE MAR

651285/2011

35 Misc.3d 235 (2011)

935 N.Y.S.2d 829

2011 NY Slip Op 21440

PARBULK II AS, Petitioner, v. HERITAGE MARITIME, SA, et al., Respondents, et al., Garnishees-Respondents.

Supreme Court, New York County.

Decided June 7, 2011.

Attorney(s) appearing for the Case

Lennon, Murphy, Caulfield & Phillips, LLC ( Charles E. Murphy and Nancy R. Siegel of counsel), for petitioner.

Hollyer Brady LLP ( Orlee Goldfeld of counsel), for P.T. Bank Negara Indonesia (Persero), garnishee-respondent.

Cleary Gottlieb Steen & Hamilton LLP ( Carmine D. Boccuzzi Jr. and Heide M. Iravani of counsel), for BNP Paribas-New York, garnishee-respondent.

OPINION OF THE COURT

O. PETER SHERWOOD, J.

In December 2007, petitioner, Parbulk II, AS (Parbulk), which is a Norwegian entity, charted the vessel, Mahakam, to respondent, Heritage Maritime, SA (Heritage) (apparently a Singaporean company) pursuant to the terms of a sale/leaseback transaction. Its parent company, Humpuss Intermoda Transportasi TBK (HIT), which is described in an arbitration award as "a substantial Indonesian shipping group," is the guarantor...

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