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GELLMAN v. COSTA ARMATORI, S.P.A., MARIA COSTA

No. 74 C 488.

402 F.Supp. 216 (1975)

Joe GELLMAN, Plaintiff, v. COSTA ARMATORI, S.P.A., MARIA COSTA, Defendant. COSTA ARMATORI, S.P.A., Defendant and Third-Party Plaintiff, v. UNIVERSAL TERMINAL & STEVEDORING CORP. and Carrier International Ltd., Third-Party Defendant.

United States District Court, E. D. New York.

October 21, 1975.

Attorney(s) appearing for the Case

Irving B. Bushlow, Brooklyn, N. Y., for plaintiff.

Michael D. Martocci, New York City, for defendant and third party plaintiff.

Commette, Quencer & Annunziato, New York City, for third party defendant Universal.

Vincent, Berg & Russo, New York City, for carrier International.

OPINION

PLATT, District Judge.

On March 28, 1974, plaintiff filed a summons and complaint naming in the caption the above-named defendant ship owner and the ship "Maria Costa" and misstating in the body of the complaint that the name of the ship was the "ITKONIS". Thereafter, when the agent for the designated ship owner claimed that he was not authorized to accept service on the ground that the stated ship did not belong to their company, plaintiff filed...

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