Craig McCARTHY, Plaintiff-Appellant,
v.
The BARK PEKING, her sails, equipment, appurtenances, etc., and South Street Seaport Museum, Third Party Plaintiff-Appellee,
The State Insurance Fund and Northbrook Excess and Surplus Insurance, Third Party Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued December 14, 1981.
Decided April 12, 1982.
Attorney(s) appearing for the Case
Richard L. Dahlen, Boston, Mass. (Edwin F. Lambert, Jr., New York City, Dahlen & Gatewood, Boston, Mass., and Zock, Petrie, Reid & Curtin, New York City, on the brief), for plaintiff-appellant.
Francis X. Byrn, New York City (William J. Troy III, and Haight, Gardner, Poor & Havens, New York City, on the brief), for third party plaintiff-appellee South Street Seaport Museum.
Raymond C. Green and Susan R. Petito, New York City, filed a brief for third party defendant The State Insurance Fund.
Alan G. Choate, Joseph F. Moore, Jr., Wayne W. Suojanen, and Pepper, Hamilton & Scheetz, Philadelphia, Pa., and Mark O. Kasanin, Richard C. Brautigam, and McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., filed a brief amici curiae for National Maritime Historical Society and National Maritime Museum Assn.
Before TIMBERS, KEARSE and CARDAMONE, Circuit Judges.
United States Court of Appeals, Second Circuit.
TIMBERS, Circuit Judge:
On this appeal from a summary judgment entered on motion of defendant South Street Seaport Museum, pursuant to Fed.R.Civ.P. 54(b),1 in the Southern District of New York, Whitman Knapp, District Judge, dismissing an action in which plaintiff, an employee of the Museum, sought damages and other relief as the result of his fall from a bosun's chair suspended by a gantline...
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