Legal Opinion
Volvo v. M/V ATLANTIC SAGA
District Court, S.D. New York
Decided March 19, 1982No. 81 Civ. 6741(MP)PublishedCited by 1 opinion
1Opinion of the Court
MILTON POLLACK, District Judge.
Defendant M/V Atlantic Saga moves pursuant to Fed.R.Civ.P. 56 for an order dismissing the complaint against it on the ground that the complaint is barred by the applicable one year statute of limitations under the Carriage of Goods by Sea Act, 46 U.S.C. § 1303(6) (“COGSA”). Plaintiff A. B. Volvo (“Volvo”) opposes the motion and cross-moves pursuant to Fed.R.Civ.P. 15 for leave to amend its complaint to add a party — Intercargo A/B (“Intercargo”). For the reasons stated hereafter, both motions will be granted.
Jurisdiction is predicated on this Court’s Admiralty…
2Cases cited3 opinions
- Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
- Ingram v. KumarCourt of Appeals for the Second Circuit · 1978
- United Fruit Company v. J. A. Folger & CompanyCourt of Appeals for the Fifth Circuit · 1959
3Cited by1 opinion
- General Electric Co. v. M/V GedizDistrict Court, S.D. New York · 1989