District Court, S.D. New York April 9, 2004, 03 CIV. 2129(LLS) (Sony Computer Entertainment Inc. v. Nippon Express U.S.A. (Illinois), Inc.)

Memorandum and Order

STANTON, District Judge.

Plaintiffs move for partial summary judgment holding defendant Nippon Express U.S.A. (Illinois) Inc. (“Nippon”) liable for the full amount of the plaintiffs’ actual loss. Nippon cross-moves for summary judgment holding that Nippon’s liability is limited. Nippon does not contest that the loss was caused by its agent Norfolk Southern’s negligence.