Handbags v. Lifschultz Fast Freight

Fritz W. Alexander, II, J.

Plaintiff moves for summary judgment in this action against an interstate carrier for goods *1094lost in transit. The goods were shipped under a uniform straight bill of lading in the form prescribed by the Interstate Commerce Commission. On the motion, defendant does not dispute any of the essential elements of plaintiff’s cause of action. Instead it cross-moves to amend its answer to include as a defense plaintiff’s failure to file a written notice of claim within nine months after the time scheduled for delivery as required by section 2b of the bill of lading.

Plaintiff…