AYOUB v. MOORE-McCORMACK LINES


17 Misc.2d 519 (1958)

Alson Ayoub, an Infant, by John Ayoub, His Guardian ad Litem, Respondent, v. Moore-McCormack Lines, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

November 24, 1958.


Attorney(s) appearing for the Case

Kirlin, Campbell & Keating (Thomas R. McLaughlin of counsel), for appellant.

Francis L. Giordano for respondent.

Concur — PETTE, DI GIOVANNA and BROWN, JJ.


Per Curiam.

The order should be affirmed, with $10 costs and taxable disbursements. The failure of the owner to have contracted regarding the rights of an injured infant claimant precludes such owner from the protection afforded under the United States Code (tit. 46, § 183b). In any event, a triable issue of fact was raised as to whether the owner had such knowledge of the injury to the infant plaintiff as would...

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