Berkshire Chemicals, Inc. v. Lloyd's Underwriters

Order, Supreme Court, Hew York County, entered on November 10, 1971, denying plaintiff’s motion for summary judgment as to liability, reversed, on the law, and the motion granted to provide for an assessment of damages. Appellant shall recover of respondents $60 costs and disbursements of this appeal. Plaintiff shipped from Bremen, Germany, to Tampa, Florida, kieserite, a commercial fertilizer similar to potash. On arrival and unloading, a portion of the cargo from one “hold” was frep of damage, but from another “hold” it was found to have solidified due to moisture. A pool of water was…