AMERICAN STEVEDORING, INC. v. RED HOOK CONTAINER TERMINAL, LLC

651472/12, 2506, 2505, 2504.

145 A.D.3d 570 (2016)

2016 NY Slip Op 08470

44 N.Y.S.3d 26

AMERICAN STEVEDORING, INC., Respondent, v. RED HOOK CONTAINER TERMINAL, LLC, Appellant, et al., Defendants, et al., Nominal Defendant.

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

Decided December 15, 2016.


Plaintiff failed to demonstrate that it had the legal right to use any of the three locations owned by others that it designated for defendant's delivery, via numerous wide-body trucks weighing many tons each, of the 130 pieces of heavy stevedoring equipment defendant had leased from it. Although the equipment lease did not give defendant discretion to refuse to return the equipment to a designated location within 20 miles of the Red Hook Container Terminal, defendant need...

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