MAZZELLA v. PITTSTON STEVEDORING CORP.


284 A.D. 984 (1954)

Luigi Mazzella, Respondent, v. Pittston Stevedoring Corp., Respondent, and States Marine Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 22, 1954.


Order reversed on the law, with $10 costs and disbursements, and motion granted, with $10 costs.

The documentary evidence shows that the foreign corporation had the exclusive possession, operation and control of the vessel under a bareboat charter at the time of the accident, which cast upon it the legal responsibility of ownership in place of the actual owner. (Muscelli v. Starr Contr. Co., 296 N.Y. 330.) No affidavit was interposed by the plaintiff showing...

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