Legal Opinion
Windows, Inc. v. Jordan Panel Systems Corp.
Court of Appeals for the Second Circuit
Decided April 21, 1999No. Docket No. 98-7603PublishedCited by 2 opinions
1Opinion of the Court
Judge PARKER concurs by separate opinion.
LEVAL, Circuit Judge:
This is an appeal by a buyer from a grant of summary judgment in favor of the seller dismissing the buyer’s claim for incidental and consequential damages resulting from damage suffered by the goods during shipment. The district court found that any negligence that might have caused the damage was attributable to the carrier and not the seller. It therefore concluded that the buyer’s claim for incidental and consequential damages was barred by N.Y.U.C.C. § 2-613, which precludes the award of such damages when the goods are damaged…
2Cases cited6 opinions
- Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
- Southeastern Express Co. v. Pastime Amusement Co.Supreme Court of the United States · 1936
- Air Products and Chemicals, Inc. v. Illinois Central Gulf Railroad CompanyCourt of Appeals for the Fifth Circuit · 1983
- Banos v. Eckerd Corp.District Court, E.D. Louisiana · 1998
- Dana Debs, Inc. v. Lady Rose Stores, Inc.Civil Court of the City of New York · 1970
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Project Hope v. M/V IBN SINADistrict Court, S.D. New York · 2000
- Windows, Inc. v. Jordan Panel Systems Corp.Court of Appeals for the Second Circuit · 1999