The opinion of the court was delivered by: Sweet, District Judge.
Plaintiff Judy-Philippine, Inc. ("Judy-Philippine"),
defendants Hyundai Merchant Marine Co., Ltd. ("Hyundai"), and
Pac Bridge Shipping, Ltd. ("Pac Bridge"), and third-party
defendant Land Bridge Terminal, Inc. ("Land Bridge") have all
moved for summary judgment pursuant to Rule 56 of the Federal
Rules of Civil Procedure. For the reasons set forth below,
Judy-Philippine's motion for summary judgment is granted as to
liability and is otherwise denied. The motions for summary
judgment filed by Hyundai, Pac Bridge, and Land Bridge are
Judy-Philippine is a New York corporation with its principal
place of business in New York. It is primarily an importer of
S.S. Verazano Bridge, S.S. Lalandia, and S.S. Hyundai
Commander, their engines, boilers, tackle, etc., are
ocean-going cargo vessels owned and operated by Hyundai.
Hyundai is a foreign corporation with an office and place of
business in care of its general agent, Hyundai Merchant Marine
(America) Inc., in Gardena, California, and Fort Lee, New
Pac Bridge is a foreign corporation operating as a Non Vessel
Owning Common Carrier.
Land Terminal is a foreign corporation with an office and
place of business in Secaucus and North Bergen, New Jersey.
Judy-Philippine filed this action against the S.S. VERAZANO
BRIDGE, S.S. HYUNDAI COMMANDER, S.S. LALANDIA, their engines,
boilers, tackle, etc., Hyundai and Pac Bridge (collectively the
"Defendants") under the Carriage of Goods by Sea Act, 46 U.S.C.
app. § 1300 et seq. on October 25, 1989. An amended complaint
was filed on October 27, 1989.
Hyundai filed an answer to the Amended Complaint on August 4,
1990. The answer included a cross-claim against codefendant Pac
Bridge. Pac Bridge filed its answer on August 8, 1990, which
asserted a cross-claim against Hyundai.
Discovery was had and on June 28, 1991, Hyundai moved for
summary judgment dismissing Judy-Philippine's complaint against
it. Land Bridge filed it motion for summary judgment against
Judy-Philippine and Hyundai on July 12, 1991. On November 1,
1991, Judy-Philippine filed an amended notice of motion seeking
summary judgment against Hyundai and Pac Bridge. Finally, Pac
Bridge's notice of motion seeking dismissal of
Judy-Philippine's complaint against it was filed on November 5.
Oral argument was heard on November 7, 1991, and the motions
were considered submitted as of that date.
Judy-Philippine contracted to purchase three shipments of
children's garments from its supplier in Hong Kong, the PiRa
Company ("PiRa"). The clothes were made by PiRa's factory in
Hong Kong, Accoship Limited, and were loaded into containers
and sealed at the PiRa factory. Judy-Philippine arranged ...