HMK/jb FS 7851

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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MAN FERROSTAAL, INC.,

Plaintiff, 07 CV 3558 (LAK)

ECF CASE

-againstM/V FANY, her engines, boilers, VERIFIED

tackle, etc., CHANG SUNG SPECIAL COMPLAINT

SHIPPING CO. LTD., KDB CAPITAL CO., 

LTD., CARGO-LEVANT

SCHIFFAHRTSGESELLSCHAFT MBH,

COMBINED ATLANTIC CARRIERS (COMBAC),

BYZANTINE MARITIME CORP., WINSTAR

SHIPPING LTD.,

Defendants.

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Plaintiffs through their attorney KINGSLEY, KINGSLEY & CALKINS allege

for their complaint herein:

1. This is a claim under the Court's Admiralty and Maritime jurisdiction

with respect to the carriage of goods by water, and under the Federal question

jurisdiction under the Interstate Commerce Act, and Court's diversity and

pendent jurisdiction with respect to the remaining aspects of the claim. 

2. Plaintiffs are the owners or duly authorized representatives of the

owners or underwriters or subrogated underwriters of cargo shipped on board the

captioned vessel which is more particularly described in Schedule A hereto, and

for which bills of lading were issued.

3. Defendants were vessel owners, suppliers, sellers, shippers,

inspectors, managers, operators, charterers, freight forwarders, stevedores, 

Case 1:07-cv-03558-LAK Document 1 Filed 05/03/2007 Page 1 of 5
terminal operators, common carriers by water and by land, bailees for hire,

insurers and sureties with respect to the cargo described in Schedule A hereto

which was sold, shipped, inspected, carried, kept, discharged and delivered from

the captioned vessel, inland conveyances, terminals and warehouses by

defendants.

4. The cargo described in Schedule A was lost and damaged by

defendants due to the fault, neglect, deviation, unseaworthiness, maritime tort,

tortious interference with contract, breach of warranty, sinking, stranding,

salvage expenses, general average and conversion of defendants, their agents and

servants, and delivered by defendants in non-conforming and contaminated

condition, mis-delivered and non-delivered.

5. The vessel is now or will be during the pendency of this action within

the jurisdiction of this Honorable Court.

6. Plaintiffs' sue on their own behalf and as agents and trustees on

behalf of any other party who may now have or hereinafter acquire an interest in

this action.

7. If this claim is subject to Arbitration then plaintiffs hereby demand

such Arbitration and appoint Lucienne C. Bulow of New York City as arbitrator

thereof.

8. Plaintiffs' damages are in excess of $17,000.00.

WHEREFORE, plaintiffs demand judgment in an amount exceeding 

Case 1:07-cv-03558-LAK Document 1 Filed 05/03/2007 Page 2 of 5
$17,000.00 plus interest and costs and pray the Court to issue its process

against the aforesaid defendants and vessel.

Dated: May 3, 2007

KINGSLEY, KINGSLEY & CALKINS

Attorneys for Plaintiffs

BY:___/S/___________________

 HAROLD M. KINGSLEY

 91 West Cherry Street

 Hicksville, New York 11801

 (516) 931-0064 HK 8660

 hmk@kingsleyandkingsley.com

Case 1:07-cv-03558-LAK Document 1 Filed 05/03/2007 Page 3 of 5
 SCHEDULE A

OUR REF: FS 7851 A,B

VESSEL: M/V FANY

PORTS: SWINOUJSCIE, SZCZECIN/HOUSTON

BILLS OF LADING: COACSWHT5006017, 020, 024, 040

COACSNHT5006006

DATED: SEPTEMBER 7, 2005, SEPTEMBER 11, 2005

CHARTER PARTY: BETWEEN CARGO-LEVANT

SCHIFFAHRTSGESELLSCHAFT MBH AND MAN

FERROSTAAL, INC.

DATED: AUGUST 18, 2005

DESCRIPTION OF CARGO: STEEL PIPE

AMOUNT: $17,000.00

Case 1:07-cv-03558-LAK Document 1 Filed 05/03/2007 Page 4 of 5
VERIFICATION

Harold M. Kingsley, the undersigned, an attorney admitted to practice in the courts

of the state of New York , state that I am the attorney of record for MAN FERROSTAAL,

INC., in the within action; I have read the foregoing Complaint and know the contents

thereof; and I declare and affirm under penalties of perjury that the same is true to my

knowledge based on documents in my file, on information and belief, and which I believe

to be true.

The reason this Verification is made by the undersigned and not by an officer of

MAN FERROSTAAL, INC., is that there are no officers now present in Nassau County

where affiant has his office.

Dated: May 3, 2007

____/S/_____________________

 HAROLD M. KINGSLEY

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