Legal Opinion
Clairol, Inc. v. Moore-McCormack Lines, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 26, 1981PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Murphy, P. J.
The operative facts are fairly stated in the opinion at Special Term (103 Misc 2d 208). It should also be noted *298that clause 13 of the bill of lading is substantially the same as the controlling provision in the Carriage of Goods by Sea Act (COGSA) (US Code, tit 46, § 1304, subd [5]). Special Term decided this dispute under COGSA rather than under the bill of lading.
As a general rule, this court must decide a case on the law as it exists at the time of its decision (Matter of Temkin v Karagheuzoff, 34 NY2d 324, 329). In this area regulated by COGSA and the…
2Cases cited5 opinions
- I.C.C. Metals, Inc. v. Municipal Warehouse Co.New York Court of Appeals · 1980
- David Crystal, Inc. v. Cunard Steam-Ship CompanyDistrict Court, S.D. New York · 1963
- Temkin v. KaragheuzoffNew York Court of Appeals · 1974
- M. & T. Trust Co. v. Export Steamship Corp.New York Court of Appeals · 1933
- Clairol, Inc. v. Moore-McCormack Lines, Inc.New York Supreme Court · 1980
3Cited by5 opinions
- Courbat v. Dahana Ranch, Inc.Hawaii Supreme Court · 2006
- JOS. H. REINFELD v. Griswold & Bateman Whs.New Jersey Superior Court Appellate Division · 1983
- Lerakoli, Inc. v. Pan American World Airways, Inc.Court of Appeals for the Second Circuit · 1986
- Lerakoli, Inc. v. Pan American World Airways, Inc.Court of Appeals for the Second Circuit · 1986
- Courbat v. Dahana Ranch, Inc.Hawaii Supreme Court · 2006