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FALLETTA v. COSTA ARMATORI

Nos. 597, 598 and 599, Dockets 72-1946, 72-2034 and 72-2035.

476 F.2d 316 (1973)

Anthony FALLETTA, Plaintiff-Appellant-Appellee, v. COSTA ARMATORI, S.p.A. GENOA, Defendant and Third-Party Plaintiff-Appellant-Appellee, v. UNIVERSAL TERMINAL & STEVEDORING CORP., Third-Party Defendant-Appellant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 5, 1973.

Attorney(s) appearing for the Case

Edward D. Lory, Brooklyn, N. Y. (Paul A. Gritz, Brooklyn, N. Y., on the brief), for plaintiff-appellant-appellee.

Michael D. Martocci, New York City (Yamada & Martocci, New York City, on the brief), for defendant and third party plaintiff-appellant-appellee.

Albert S. Commette, New York City (Brown, Quencer & Commette, New York City, on the brief), for third party defendant-appellant-appellee.

Before SMITH, FEINBERG and MANSFIELD, Circuit Judges.

FEINBERG, Circuit Judge:

We have here a familiar longshoreman-shipowner-stevedore legal battle; what is somewhat unusual, however, is that all three parties appeal from the judgment of the trial court.1 After a non-jury trial in the United States District Court for the Southern District of New York, Judge Lawrence W. Pierce held, first, that defendant Costa Armatori S.p.A. Genoa, owner and operator of the vessel Paola Costa, was liable...

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