Bkeitel, J. A steamship carrier moved for summary judgment dismissing the complaint of a holder of a hill of lading (who sues for nondelivery), on the ground that the time limitation in which to sue, provided both in the applicable statute and in the bill of lading, bars the action. Special Term denied the motion and the carrier has appealed. The order should be affirmed, there being issues of fact which require resolution before the availability of the defense may be determined. The Carriage of
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