CESAR v. UNITED TECHNOLOGY OF NEW YORK


258 A.D.2d 424 (1999)

685 N.Y.S.2d 727

JULIO CESAR et al., Respondents, v. UNITED TECHNOLOGY OF NEW YORK et al., Appellants. ALBERTO A. LOPEZ, Respondent, v. UNITED TECHNOLOGY OF NEW YORK et al., Appellants. MIGUEL A. LOPEZ, Respondent, v. UNITED TECHNOLOGY OF NEW YORK et al., Appellants. ROBERT B. TCHODJUKLIAN, Respondent, v. UNITED TECHNOLOGY OF NEW YORK et al., Appellants. TERESA S. APARICIO, Respondent, v. UNITED TECHNOLOGY OF NEW YORK et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 25, 1999.


Contrary to plaintiffs' arguments, the denial of defendants' cross motion is appealable as of right and defendants' claims are not barred by the doctrine of laches. Turning, then, to the merits, we agree with the motion court that the record in its present state, consisting of little more than pleadings and other non-probative accounts of the underlying events, does not yet permit a declaration as to the existence or absence of the requisite factual predicate for admiralty...

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