KITZ CORP. v. TRANSCON SHIPPING SPECIALISTS

A party that is a stranger to a contract of carriage is not bound by limitations of liability in that contract ( cf., Abdul-Haq v Pakistan Intl. Airlines, 101 Misc.2d 213, 214). No party had authority as an agent or otherwise to bind defendant to a limitation of JJ's liability. Nor is there evidence of any prior dealing between JJ and defendant and third-party plaintiff. Accordingly, summary judgment was properly denied to JJ.

Concur — Rosenberger, J.P., Rubin, Kupferman, Asch and Mazzarelli, JJ.