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BOTTALICO v. TODD SHIP

107 Misc.2d 942 (1980)

Vito Bottalico, Plaintiff, v. Todd Shipyards Corporation et al., Defendants. Todd Shipyards Corporation, Third-Party Plaintiff, v. International Terminal Operating Company, Inc., Third-Party Defendant.

Supreme Court, Special Term, New York County.

September 18, 1980

Attorney(s) appearing for the Case

Alexander, Ash, Schwartz & Cohen, P. C. (Joseph Arthur Cohen of counsel), for third-party defendant. Zimmerman & Zimmerman for plaintiff. John S. Zachary, P. C., and William J. Fullman for Todd Shipyards Corporation, defendant and third-party plaintiff. Haight, Gardner, Poor & Havens for South African Marine Corporation, defendant.

EDWARD J. GREENFIELD, J.

International Terminal Operating Co., Inc. (ITOC) moves pursuant to CPLR 3211 (subd [a], par 7) to dismiss the third-party complaint for failure to state a cause of action.

Plaintiff, an employee of ITOC, commenced this lawsuit to recover for personal injuries allegedly sustained by him while performing stevedoring services aboard the M/V African Weltevreden while the ship was docked at the 60th Street Pier in Brooklyn...

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