Legal Opinion

Old Toledo Brands, Inc. v. Schenker, Inc.

District Court, S.D. New York

Decided December 17, 2008No. 07 Civ. 9496PublishedCited by 1 opinion

1Opinion of the Court

DECISION AND ORDER

VICTOR MARRERO, District Judge.

Plaintiff Old Toledo Brands, Inc. (“Old Toledo”) brought this maritime and admiralty action against defendant Schenker, Inc. (“Schenker”) for breach of contract and negligence. Schenker now moves for summary judgment pursuant to Federal Rule of Civil Procedure 56 (the “Rule 56 Motion”) alleging that Old Toledo’s claims are barred by the applicable statute of limitations. For the reasons discussed below, Schenker’s motion is DENIED.

I. BACKGROUND 1

Schenker assisted Old Toledo with the transport of Sears-branded seasonal apparel (the “Goods”) from…

2Cases cited4 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994
  3. Alphonso Samuels v. J. Mockry, G. Hewston, W. Higgins and J. DowdleCourt of Appeals for the Second Circuit · 1996
  4. General Electric Co. v. M/V GedizDistrict Court, S.D. New York · 1989

3Cited by1 opinion

  1. Techtronic Cordless GP v. Maersk A/SDistrict Court, S.D. New York · 2023

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