BELMONTE v. SCINDIA STEAM NAVIGATION CO., LTD.

No. 81 Civ. 2029(MP).

523 F.Supp. 530 (1981)

Salvatore BELMONTE, Plaintiff, v. SCINDIA STEAM NAVIGATION CO., LTD., Defendant.

United States District Court, S. D. New York.

October 14, 1981.


Attorney(s) appearing for the Case

Zimmerman & Zimmerman by Martin Lassoff, New York City, for plaintiff.

Lilly, Sullivan & Purcell by Thomas E. Stiles, New York City, for defendant.


OPINION

MILTON POLLACK, District Judge.

Defendant Scindia Steam Navigation moves to dismiss the negligence claim asserted against it by the plaintiff, a longshoreman, by reason of laches in the assertion of the claim. Plaintiff has not shown an adequate excuse for his failure to commence suit against Scindia within a reasonable time and defendant has shown prejudice from the delay. The motion to dismiss will accordingly be granted.

This suit was...

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