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EMANUEL v. SHERIDAN TRANSP.

10 A.D.3d 46 (2004)

779 N.Y.S.2d 168

RUBY EMANUEL, Individually and as Administratrix of the Estate of JAMES EMANUEL, Deceased, Respondent-Appellant v. SHERIDAN TRANSPORTATION CORP. et al., Defendants, and AMERADA HESS CORPORATION et al., Appellants-Respondents. SHERIDAN TRANSPORTATION CORP., Third-Party Plaintiff, and AMERADA HESS CORPORATION et al., Third-Party Plaintiffs-Appellants v. G. MARINE DIESEL CORP., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

May 4, 2004.

Attorney(s) appearing for the Case

Carol R. Finocchio and Hill Betts & Nash, LLP (Gregory O'Neill and James M. Hazen of counsel), for appellants-respondents.

Pollack, Pollack, Isaac & DeCicco (Brian J. Isaac of counsel), and Kenneth Heller for respondent-appellant.

William M. Kimball and James P. O'Connor for respondent.

Nardelli, J.P., and Friedman, J., concur with Tom, J.; Marlow, J., dissents in part in a separate opinion.

OPINION OF THE COURT

TOM, J.

On December 3, 1992, the barge ST 114, a merchant vessel allegedly owned by defendant Hygrade Operators Inc. (Hygrade) and operated by defendant-appellant-respondent Spentonbush/Red Star Companies, Inc. (Spentonbush), was transporting oil off the northeast coast of the United States when it was grounded in an area known as "stepping stones" and suffered damage to its hull. The Coast Guard conducted an investigation and directed...

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