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PEROS v. CIA DE NAV MAR NETUMAR

75 Misc.2d 913 (1973)

Mile Peros, Plaintiff, v. Cia De Nav Mar Netumar et al., Defendants.

Civil Court of the City of New York, New York County.

November 16, 1973

Attorney(s) appearing for the Case

Kenneth Heller for plaintiff. Cichanowicz & Callan for defendants.

BURTON S. SHERMAN, J.

Defendants move to dismiss the complaint pursuant to CPLR 3211 (subd. [a], par. 5) claiming res judicata as the result of the dismissal of the identical action in the Federal court. It is by a longshoreman against a shipping company for personal injuries.

The dismissal in the Federal court, Southern District of New York was the result of the failure of the plaintiff to appear for an examination before trial pursuant...

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