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WISE v. MAR. OVERSEAS

97 Misc.2d 135 (1978)

James Wise, Plaintiff, v. Maritime Overseas Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

September 20, 1978

Attorney(s) appearing for the Case

Robert K. Marzik for defendants. Fields & Rosen (Michael S. Seltzer of counsel), for plaintiff.

BENTLEY KASSAL, J.

ISSUE

Does the CPLR 3130 proscription against the use of interrogatories in negligence actions prevent their use by a merchant-seaman plaintiff, suing for personal injuries, based upon two theories of liability, unseaworthiness and negligence?

FACTS

Defendant, representing the owner of the vessels on the high seas, moves to strike plaintiff's interrogatories on the ground that the use of interrogatories is...

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