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BREEN v. CUNARD S.S. CO.

33 N.Y.2d 508 (1974)

Michael Breen, Plaintiff, v. Cunard Lines Steamship Company, Limited, Defendant. (Action No. 1.) Cunard Lines Steamship Company, Limited, Appellant, v. Liberty Mutual Insurance Company, Respondent. (Action No. 2.)

Court of Appeals of the State of New York.

Decided March 28, 1974.

Attorney(s) appearing for the Case

Joseph D. Ahearn and Daniel J. Coughlin for appellant.

Douglas A. Boeckmann for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur.

Chief Judge BREITEL.

Michael Breen, a truck driver for Wooster Express, sued appellant Cunard Lines for personal injuries sustained on Cunard's pier when he fell through a broken board of a pallet which he had used while unloading a shipment of heavy cases containing paper. Cunard, by a third-party complaint, impleaded respondent Liberty Mutual, the liability insurer of Wooster's truck. Wooster's policy covered...

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