This matter comes before the court upon defendant's motion for partial summary judgment.
This is an action brought by a manufacturer of goods, Bottom Line Imports, Inc., against a carrier of goods, Korea Shipping Corporation, to recover for alleged damage to six shipments of cargo which were carried aboard various vessels of defendant from Japanese and Korean ports to Jersey City, New Jersey, at various times in 1979.
Defendant contends, by this motion, that the cargoes carried under the bills of lading identified in paragraph 3E and 3F of plaintiff's amended complaint were delivered to plaintiff by defendant more than one year prior to the institution of the within action and, therefore, the claims related to these bills of lading are barred by the applicable statute of limitations.
The statute of limitations applicable to the within action is that found in § 3(6), of the Carriage of Goods by Sea Act, 46 U.S.C.A. § 1300 et seq. (herein "COGSA"). That COGSA applies
to the within action is not disputed by plaintiff. Section 1300 provides:
Every bill of lading or similar document of title which is evidence of a contract for the carriage of goods by sea to or from ports of the United States, in foreign trade, shall have effect subject to the provisions of this chapter.
Section 1312 goes on to provide:
This act shall apply to all contracts for carriage of goods by sea or from ports of the United States in foreign trade.
It is undisputed that the two shipments which are the subject of this motion were carried from Japanese and Korean ports to Jersey City, New Jersey, and that the within action relies upon bills of lading as evidence of the contracts of carriage forming the basis of plaintiff's complaint. Therefore, by the terms of §§ 1300 and 1312, COGSA is applicable to the within action.
Section 1303(6) provides, in pertinent part:
In any event, the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one ...