Apparel Corp. (Far East) v H.J.M. Int'l Corp.

Apparel Corp. (Far East) v H.J.M. Int'l Corp. 2013 NY Slip Op 08208 Decided on December 10, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 10, 2013
Tom, J.P., Friedman, Acosta, Moskowitz, Gische, JJ.
11295 653361/11

[*1]The Apparel Corporation (Far East), Plaintiff-Respondent,

v

H.J.M. Int'l Corp., etc., Defendant-Appellant, Eagle Express Lines, Inc., et al., Defendants.




Joel S. Ray, Astoria, for appellant.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered May 16, 2012, which, insofar as appealed from as limited by the briefs, denied defendant H.J.M. Int'l Corp.'s motion to dismiss the first and second causes of action as against it, unanimously reversed, on the law, with costs, and the motion granted.

The very bills of lading on which the first and second causes of action are based conclusively establish H.J.M.'s defense to those causes of action (see Goshen v Mutual Life Ins. Co. of N.Y., 98 NY2d 314, 326 [2002]). The bills of lading fail to show that H.J.M. had anything to do with the shipments they describe.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 10, 2013

CLERK