National Packaging Corporation v. Nippon Yusen Kaisha (NYK Line)

ORDER

WOLLENBERG, District Judge.

Plaintiff has moved that the Court strike defendant’s second affirmative defense on the grounds that the word “delivery” as used in § 1303(6) of the Carriage of Goods by Sea Act (COGSA) 46 U.S.C. §§ 1300-1315 means actual physical transfer of goods from the carrier to the consignee. The meaning of the terms “delivery” and “proper delivery” are well established under the predecessor to COGSA, the Harter Act, 46 U.S.C. §§ 190-195. Apparently, however, this is the first time an American court has been called upon to decide what the term means as used in COGSA in a…