Brocsonic Co. v. M/V “Mathilde Maersk”

Full title: BROCSONIC COMPANY, LTD., Plaintiff-Appellant, v. M/V "MATHILDE MAERSK"…

Court: United States Court of Appeals, Second Circuit

Date published: Oct 16, 2001

270 F.3d 106 (2d Cir. 2001)

Opinion

Docket No. 00-9534.

Argued: October 10, 2001.

Decided: October 16, 2001.

Appeal from a judgment of the United States District Court for the Southern District of New York, Leonard B. Sand, Judge, dismissing action for lack of admiralty jurisdiction.

Affirmed.

Edward A. Keane, New York, NY, (Mahoney Keane, New York, NY, on the brief), for Plaintiff-Appellant.

PETER J. GUTOWSKI, New York, NY, (Gina M. Venezia, Freehill, Hogan Mahar, New York, NY, on the brief), for Defendants-Appellees.

Before: NEWMAN and KEARSE, Circuit Judges, CARMAN, Chief Judge.^_

_ Honorable Gregory W. Carman, Chief Judge of the United States Court of International Trade, sitting by designation.

PER CURIAM:

Plaintiff Brocsonic Company appeals from a final judgment of the United States District Court for the Southern District of New York, Leonard B. Sand, Judge, dismissing for lack of admiralty jurisdiction the plaintiff shipper's action seeking damages for misdelivery of cargo stored by the defendant carrier, at plaintiff's request, for some 18 months after the completion of carriage. We affirm substantially for the reasons stated in Judge Sand's opinion, reported at 120 F.Supp.2d 372 (2000).