SWOGGER v. WATERMAN S.S. CORP


136 Misc.2d 410 (1987)

Anna C. Swogger, as Executrix of David D. Swogger, Deceased, Plaintiff, v. Waterman Steamship Corp. et al., Defendants. Sea-Land Service, Inc., Third-Party Plaintiff, v. Johns-Manville Corporation et al., Third-Party Defendants. Puerto Rico Marine Management, Inc., Additional Third-Party Plaintiff, v. Todd Shipyards Corp., Additional Third-Party Defendant.

Supreme Court, New York County.

July 8, 1987


Attorney(s) appearing for the Case

Dickstein, Shapiro & Morin for plaintiff. Walker & Corsa for Waterman Steamship Corp. and others, defendants. Haight, Gardner, Poor & Havens for Sea-Land Service, Inc., defendant and third-party plaintiff. Dougherty, Ryan, Mahoney for Puerto Rico Marine Management, Inc., defendant and additional third-party plaintiff. Lester, Schwab, Katz & Dwyer for Fibreboard Paper Products Corporation, third-party defendant. Javits, Hinckley, Rabin & Englar for Owens-Corning Fibreglass Corporation, third-party defendant. Flemming, Zulack & Williamson for GAF Corporation and another, third-party defendants. Frank E. Maher, P. C., for Celotex Corporation and another, third-party defendants. Morgan, Melush, Monaghan, Meyer, Arvidson, Abrutyn & Lisowski for Raybestos-Manhattan Inc., third-party defendant. Smith, Mazure, Director & Wilkens for Standard Asbestos Manufacturing & Insulation Company, third-party defendant. Bower & Gardner for Nicolet, Inc., third-party defendant. Anderson, Russell, Kill & Olick for Baldwin-Ehret Hill, Inc., and others, third-party defendants. Dominic J. Connella for Pittsburgh Corning Corporation, third-party defendant. Killarney, Fabiani & Brody for Rock Wool Manufacturing Company, third-party defendant. Semel, Boeckman & Skydel for Eagle-Picher Industries, Inc., third-party defendant. Vincent & Schickler for Forty-Eight Insulations Inc., third-party defendant. Costello & Shea for Southern Asbestos Company, third-party defendant. Lester Schwab for Pabco, third-party defendant. Dwyer & Duff for FlintKote Company, third-party defendant. Alexander, Ash, Schwartz & Cohen for Armstrong World Industries, Inc., third-party defendant. Cox, Barrell, Murrett, Ehman & Gerstei for Atlas Turner, Inc., third-party defendant. Townley & Updike for Combustion Engineering Inc., third-party defendant. George W. Nash, P. C., for Crown, Cork & Seal, third-party defendant. Barry, Metierman & Moore for John Crane-Houdaille, Inc., third-party defendant. Eugene H. Lieber for U. S. Mineral Products, third-party defendant. Forziger, Wohl, Finkelstein & Rothman for Arcy Manufacturing Co., third-party defendant. Campbell, Cunnion & Carlucci for A.W. Chesterton Co., third-party defendant. Jay Charles Kruse for Exxon Corporation and others, third-party defendants. Butler & Clearwater for American Sugar Refining Company and another, third-party defendants. Kirlin, Campbell & Keating for Moore-McCormack Lines, third-party defendant. Hertzog, Calamari & Gleason for Bethlehem Steel Corp., third-party defendant. Gold, Farrell & Marks for Kaiser Co., Inc., and another, third-party defendants. Jones, Day, Revis & Pogue for Newport News Shipbuilding and Dry Dock Co., third-party defendant. Surrey & Morse for North Carolina Shipbuilding Co., third-party defendant. Bigham, Englar Jones & Houston for Alabama Dry Dock and Shipbuilding Co., third-party defendant. Vincent, Berg, Russo, Marcigliano & Zawacki for Todd Shipyards Corp., additional third-party defendant.


MICHAEL J. DONTZIN, J.

This proceeding involves motions and cross motions (albeit improperly designated as such), of various third-party defendants for an order pursuant to CPLR 3211 (a) (7) dismissing the third-party complaints of Sea-Land Service, Inc. (Sea-Land) and Puerto Rico Marine Management, Inc. (PRMMI) on the grounds that: (1) the complaints fail to state a cause of action; and (2) that the actions...

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