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Cargo Logistics Int'l LLC v. Overseas Moving Specialists Inc.

Fraud Claims Grounded on Statements After Cargo's Arrival in Israel Survive Dismissal

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MEMORANDUM & ORDER Plaintiff Cargo Logistics International, LLC (“Cargo Logistics”) commenced the above-captioned action on May 11, 2020, against Defendants Overseas Moving Specialists, Inc. (“Overseas Moving”) and its owner, president, and chief executive, Boaz Aviani, alleging breach of maritime contract, negligent misrepresentation, and fraud. (Compl., Docket Entry No. 1; Am. Compl., Docket Entry No. 14.) Plaintiff alleges that Overseas Moving hired it to ship cargo to Ashdod, Israel, but inaccurately described the cargo in the bill of lading, and ultimately, when the consignee, Tevel Logistics, Ltd. (“Tevel”) failed to take delivery of the cargo, Defendants refused to declare the cargo abandoned for over a year and refused to pay the associated fees, (Am. Compl.

14-30, 37-45), resulting in Plaintiff’s temporary loss of shipping privileges with nonparty Zim Shipping Line (“Zim”), (id.

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