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DECEMBER v. VICTORY CARRIERS

6 Misc.2d 167 (1957)

Frank December, Plaintiff, v. Victory Carriers, Inc., Defendant. Victory Carriers, Inc., Third-Party Plaintiff, v. States Marine Corporation, Third-Party Defendant. States Marine Corporation, Third-Party Defendant and Fourth-Party Plaintiff, v. Imparato Stevedoring Corporation, Fourth-Party Defendant.

Supreme Court, Special Term, Kings County.

January 23, 1957.

Attorney(s) appearing for the Case

William J. Kenney for fourth-party defendant.

Jacob D. Fuchsberg for plaintiff.

Hill, Betts & Bash for defendant and third-party plaintiff.

Kirlin, Campbell & Keating for third-party defendant and fourth-party plaintiff.

WALTER R. HART, J.

In an action for personal injuries the fourth-party defendant moves to dismiss the fourth-party complaint for legal insufficiency pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice.

Plaintiff, a longshoreman who was employed by the fourth-party defendant, instituted this action against the defendant Victory Carriers, the owner of the ship on which the alleged accident...

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