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TRAMP OIL & MARINE v. OCEAN NAVIGATION

United States District Court, S.D. New York


June 9, 2004.

TRAMP OIL & MARINE, LIMITED, Plaintiff, V. OCEAN NAVIGATION (HELLAS) LTD. and OCEAN NAVIGATION OF MONROVIA, S.A., Defendants, and NORDEA BANK OF FINLAND, PLC, Garnishee

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER AND JUDGMENT IN FAVOR OF OCEAN NAVIGATION OF MONROVIA, S.A. DISMISSING CASE AND VACATING MARITIME GARNISHMENT AND GRANTING JUDGMENT FOR PLAINTIFF AGAINST OCEAN NAVIGATION (HELLAS) LTD.
WHEREAS Plaintiff, Tramp Oil & Marine, Limited ("Plaintiff), filed and served a verified complaint and alleged that it supplied marine fuel to Defendant Ocean Navigation (Hellas), Ltd. (hereinafter "Defendant Hellas"), and

WHEREAS Plaintiff alleged that Defendant Hellas breached a maritime contract by failing to pay for the fuel supplied, and

  WHEREAS Plaintiff alleged that the relationship between Defendant Hellas and Defendant Ocean Navigation of Monrovia S.A. (hereinafter "Defendant Monrovia") constituted a legal partnership under which Hellas and Monrovia were jointly and severally liable to Plaintiff in the amount of $41,596, and

  WHEREAS Defendant Monrovia maintained a bank account at garnishee bank, Nordea Bank of Finland, plc that was garnished pursuant to the Court's issuance of maritime attachment, and

  WHEREAS Plaintiff moved for summary judgment against Defendant Hellas and Defendant Monrovia and alleged, inter alia, the existence of a legal partnership, and

  WHEREAS the Court by Order dated May 7, 2004 denied Plaintiff's motion for summary judgment against Defendant Monrovia but granted summary judgment against Defendant Hellas in the amount of $41,596 together with prejudgment interest on that amount from December 6, 2002 to the date of entry of judgment, and

  WHEREAS on June 1, 2004, the Court called this case for trial, heard Plaintiffs evidence, and at the close of Plaintiff's case-in-chief granted Defendant Monrovia's motion for judgment as a matter of law pursuant to fed. R. Civ. P. 52, and

  WHEREAS the Court stated its findings of fact and conclusions of law orally and recorded them in open court, and

  WHEREAS the Court found that based upon Plaintiff's evidence, Defendant Monrovia and Defendant Hellas were not partners under either New York law or Texas law or common law, and

  WHEREAS, the Court found that Defendant Monrovia was not jointly and severally liable to pay Defendant Hellas' outstanding debt to Plaintiff,

  IT IS HEREBY ORDERED AND ADJUDGED (1) that the claims of Plaintiff, Tramp Oil & Marine, Limited against Defendant Ocean Navigation of Monrovia, S.A. hereby are dismissed with prejudice; (2) that the attachment by Plaintiff of Defendant Ocean Navigation of Monrovia, S.A.'s funds at Nordea Bank of Finland, plc, is vacated; and (3) that final judgment shall be entered against defendant Ocean Navigation (Hellas), Ltd. in favor of Plaintiff, Tramp Oil and. Marine Limited in the sum of $41,596 together with prejudgment interest on that amount front December 6, 2002 to June 4, 2004 at the rate of 3% per annum for a total amount of $43,362.69. FINAL JUDGMENT

  For the reasons stated in the Orders of this Court of even date herewith and of May 7, 2004 (Docket No. 19), this Court, pursuant to Fed,. R. Civ. P. 54 and 58 hereby:

  ENTERS JUDGMENT against defendant Ocean Navigation (Hellas), Ltd. in favor of Plaintiff, Tramp Oil and. Marine Limited in the sum of $41,596 together with prejudgment interest on that amount front December 6, 2002 to June 4, 2004 at the rate of 3% per annum for total amount of $43,362.69. [Illegible Text].

 SO ORDERED.

20040609

© 1992-2004 VersusLaw Inc.



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