Shipping-Land Co., Ltd. v. Far Eastern Shipping Company Plc.
Filing 3
ORDER DECLINING TO ISSUE MARITIME ATTACHMENT: I decline to issue the order of attachment. Generally, unless reasonably contemplated by both parties as the probable result of breach, lost income is not considered to be consequential damages of an alle ged breach of contract. Hadley v. Baxendale, 156 Eng. Rep. 145 (Ex. 1854); see III Farnsworth on Contracts § 12.14 (3d ed. 2004). Therefore, Plaintiff has failed to allege a valid prima facie admiralty claim, as required by Rule B. Aqua Stoli Shipping Ltd. v. Gardner Smith Pty Ltd., 460 F.3d 434,445 (2d Cir. 2006). (Signed by Judge Alvin K. Hellerstein on 3/6/2009) (jpo)
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