Atlantic Coast Yacht Sales, Inc. v. M.V. "Rickmers Genoa" et al, No. 1:2005cv09472 - Document 41 (S.D.N.Y. 2009)

Court Description: OPINION #97368: For the reasons stated herein, ESM Group's Motion for Summary Judgment [dkt. no. 84 (4261 action)] is DENIED in part and GRANTED in part. The Non-Moving Parties' negligence, strict liability, COGSA, and contract claim assert ed against ESM Group are dismissed. The Non-Moving Parties' agency and veil piercing theories of liability may proceed. I take no position on the liability of ESMT or other parties in this litigation. The parties shall confer and inform the Court by letter no later than April 10, 2009 as to how they propose to proceed. (Signed by Judge Loretta A. Preska on 3/31/2009) (jpo) Modified on 4/2/2009 (mro).