Appellate Division of the Supreme Court of New York, 1957

December v. Victory Carriers, Inc.

December v. Victory Carriers, Inc.
Appellate Division of the Supreme Court of New York · Decided February 11, 1957
3 A.D.2d 716; 160 N.Y.S.2d 812; 1957 N.Y. App. Div. LEXIS 6490
December v. Victory Carriers, Inc.

Opinion of the Court

In an action against the owner of a vessel by a longshoreman to recover damages for personal injuries alleged to have been sustained during the course of his employment aboard the vessel, the owner served a third-party complaint on the charterer of the vessel. The appeal is from an order denying the charterer’s motion to dismiss the third-party complaint for insufficiency (Rules Civ. Prae., rule 106, subd. 4) and for laches (Civ. Prae. Act, § 193-a, subd. 4). Order affirmed, with $10 costs and disbursements. No opinion. Wenzel, Acting P. J., Beldoek, Murphy, Ughetta and Kleinfeld, JJ., concur.

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