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