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ERIE LACKAWANNA RY. CO. v. SILLS

61 Misc.2d 958 (1970)

Erie Lackawanna Railway Co., Plaintiff, v. Stewart Sills, Jr., Defendant.

Supreme Court, Special Term, Onondaga County.

February 13, 1970

Attorney(s) appearing for the Case

MacKenzie, Smith, Lewis, Michell & Hughes (George R. Wolff of counsel), for plaintiff. Branch, Jefferson, Friedman, Van Voorhis & Wise (Eugene Van Voorhis of counsel), for defendant.

RICHARD D. SIMONS, J.

The defendant claims that he has abandoned his sunken barge in the navigable waters of Oswego harbor and is therefor insulated from liability for its obstruction of plaintiff's docks by the provisions of the Wreck Act (U. S. Code, tit. 33, § 409). He moves to dismiss the complaint. (CPLR 3211, subd. [a], par. 2.)

The State court has in personam jurisdiction of this cause of...

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