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MELNYK v. U. S. LINES CO.

35 A.D.2d 152 (1970)

John Melnyk, Plaintiff, v. United States Lines Co., Defendant and Third-Party Plaintiff-Respondent-Appellant; T. Hogan & Sons, Inc., Third-Party Defendant-Appellant-Respondent

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

October 27, 1970.

Attorney(s) appearing for the Case

Robert P. Hart of counsel (Charles N. Fiddler with him on the brief; Kirlin, Campbell & Keating, attorneys), for defendant and third-party plaintiff-respondent-appellant.

William F. McNulty of counsel (Daniel J. Coughlin, attorney), for third-party defendant-appellant-respondent.

STEVENS, P. J., MARKEWICH, STEUER and TILZER, JJ., concur in Per Curiam opinion; McNALLY, J., dissents in opinion.

Per Curiam.

In this litigation plaintiff Melnyk, a longshoreman, sued defendant United States Lines Co. (U. S.) for personal injuries suffered while working on defendant's vessel. Defendant brought a third-party action against T. Hogan & Sons, Inc. (Hogan), the stevedore on the job. Plaintiff recovered a verdict against U. S., and U. S. in turn recovered over against Hogan. Both U. S. and Hogan appealed to this...

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