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AMATO v. CIE MARITIME BELGE (LLOYD ROYAL) S.A.

No. 62C43.

212 F.Supp. 330 (1963)

Joseph AMATO, Plaintiff, v. CIE MARITIME BELGE (LLOYD ROYAL) S.A. and Agence Maritime Internationale S.A., Defendants.

United States District Court E. D. New York.

January 4, 1963.

Attorney(s) appearing for the Case

Nicholas Scibilia, Brooklyn, N. Y., for plaintiff.

Hill, Betts, Yamaoka, Freehill & Longcope, New York City, for defendants, Robert S. Blanc, Jr., New York City, of counsel.

ZAVATT, Chief Judge.

The plaintiff, a longshoreman, alleges that he was injured in an accident on board the M/V Lubilash on August 11, 1956, while berthed at Pier 14, North River, New York, N. Y. The complaint was not served until January 16, 1962, almost five and a half years after the accident allegedly occurred. The defendant, Cie Maritime Belge, now moves to dismiss the complaint on the ground that the claim is barred by the New York State three year tort statute...

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