Arnold Exhibit & Design, Inc. v. ABF Freight System, Inc.

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment dismissing the complaint. Plaintiff commenced this action to recover damages for goods allegedly lost by defendant, a connecting carrier, in shipment from California to plaintiff’s office in New York. The bill of lading required plaintiff to file a timely notice of claim with either defendant or the issuing carrier as a condition precedént to recovery. That standard requirement is authorized by Federal law (49 USC § 11706 [e]) and is generally held to be mandatory (see,…