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MOSTROTOTARO v. SEAS SHIPPING CO., INC.

5 A.D.2d 701 (1957)

Gertrude Mostrototaro, as Administratrix of The Estate of Frank Mostrototaro, Deceased, Plaintiff, v. Seas Shipping Co., Inc., et al., Respondents, and Beard's Erie Basin, Inc., Appellant

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

December 30, 1957

Judgment, insofar as appealed from, unanimously affirmed, with one bill of costs to respondent Seas Shipping Co., Inc.

In our opinion, the cross complaint was properly dismissed, as there was no proof of any actionable negligence on the part of respondent Seas Shipping which was a proximate cause of the accident. Furthermore, even if it be assumed that the accident was caused by the active negligence of one Fesser, as claimed by appellant, said respondent would not...

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