Lithotip, CA. v. S.S. Guarico

592 F. Supp. 1280 (1984)

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Lithotip, CA. v. S.S. Guarico

United States District Court for the Southern District of New York
592 F. Supp. 1280 (1984)

Facts

Over 500 rolls of newsprint were shipped by the carrier Compania Anonima Venezolana de Navegacion (Venline) (defendant) to be retrieved by Lithotip, CA. (plaintiff) in Venezuela. The ship carrying the newsprint arrived in Venezuela on May 4, 1981. Lithotip received notice that it was entitled to collect its cargo 10 days later, on May 14, 1981. A survey report from June 15, 1981 indicated that the newsprint arrived in damaged condition. On May 18, 1982, over a year after receiving notice of its entitlement to retrieve the cargo, Lithotip filed a lawsuit against Venline to recover the cost of the damage. Venline moved for summary judgment, claiming that Lithotip’s claim was time-barred by the statute of limitations in the Carriage of Goods by Sea Act.

Rule of Law

Issue

Holding and Reasoning (Lasker, J.)

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