STILLUFSEN v. AMER DREDGING


103 Misc.2d 1003 (1980)

Louise Stillufsen, Respondent, v. American Dredging Company, Appellant.

Supreme Court, Appellate Term, Second Department.

March 11, 1980.


Attorney(s) appearing for the Case

Bigham Englar Jones & Houston (Louis G. Juliano of counsel), for appellant.

Concur: PINO, P. J., BUSCHMANN and HIRSCH, JJ.


MEMORANDUM.

Judgment unanimously reversed without costs and complaint dismissed.

Plaintiff sought to recover loss of earnings resulting from her inability to use her fishing trawler due to the closing of the Rockaway Inlet. The inlet was closed as a protective measure after defendant's dredge had run aground and sunk, resulting in the spillage of 42,000 gallons of oil. At the trial it was undisputed that the dredge had run aground while in tow

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