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OROZ v. AMERICAN PRESIDENT LINES

No. 208, Docket 24662.

259 F.2d 636 (1958)

Andrew OROZ, Plaintiff-Appellant, v. AMERICAN PRESIDENT LINES, Ltd., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided September 30, 1958.

Attorney(s) appearing for the Case

Martin G. Stein, New York City (Jacob Levine and Alvin I. Apfelberg, New York City, on the brief), for plaintiff-appellant.

Frederick Fish, New York City (Robert J. Nicol, New York City, and Symmers, Fish, Warner & Nicol, New York City, on the brief), for defendant-appellee.

Before LUMBARD, WATERMAN and MOORE, Circuit Judges.

LUMBARD, Circuit Judge.

Plaintiff, a longshoreman, appeals from a judgment by Judge Walsh, Southern District of New York, dismissing his civil action which was commenced five years after the alleged negligence and unseaworthiness on the ground that it was barred by a two year New Jersey statute of limitations or, in the alternative, by laches. The questions for decision are whether a statute of limitations or laches is the proper limitation to a maritime tort action...

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