FITZGERALD v. AM. TRADING & PROD. CORP.


48 N.Y.2d 843 (1979)

Thomas I. Fitzgerald, Public Administrator of the County of New York, as Administrator of The Estate of Carl P. Blume, Deceased, Appellant, v. American Trading and Production Corp., Respondent.

Court of Appeals of the State of New York.

Decided November 27, 1979.


Attorney(s) appearing for the Case

Robert Markewich and Kenneth Heller for appellant.

Joseph M. Costello and Frederick N. Gaffney for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER. Judge FUCHSBERG dissents and votes to reverse in the following opinion.


Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (62 A.D.2d 951).

FUCHSBERG, J. (dissenting).

As best I can fathom it from the record, the opinion and order of the Appellate Division dismissing the complaint proceeds on a misconception of the letter and spirit of maritime law.

To initiates in the law of the sea this...

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