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MULLARE SMITH CO., INC. v. JET DRIVE GEN. MARINE CONTRACTING CO., INC.

72 A.D.2d 576 (1979)

Mullare Smith Co., Inc., Respondent, v. Jet Drive General Marine Contracting Co., Inc., et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 22, 1979

Order affirmed insofar as appealed from, with $50 costs and disbursements.

The record presents substantial issues of fact concerning the existence of a rental agreement for the sunken barge and the claimed negligence of the appellants in causing the barge to sink. Summary judgment was therefore properly denied. The complaint is also not rendered defective for its inclusion of potentially inconsistent causes of action (see CPLR 3014). Moreover, jurisdiction was obtained...

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