Ayoub v. Moore-Mccormack Lines, Inc.

Appellate Terms of the Supreme Court of New York

Ayoub v. Moore-Mccormack Lines, Inc.

17 Misc. 2d 519, 191 N.Y.S.2d 411, 1958 N.Y. Misc. LEXIS 2317

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 24, 1958

StatusPublished

Cited by2 cases

This text of 17 Misc. 2d 519 (Ayoub v. Moore-Mccormack Lines, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ayoub v. Moore-Mccormack Lines, Inc., 17 Misc. 2d 519, 191 N.Y.S.2d 411, 1958 N.Y. Misc. LEXIS 2317 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

The order should be affirmed, with $10 costs and taxable disbursements. The failure of the owner to have contracted regarding the rights of an injured infant claimant precludes such owner from the protection afforded under the United States Code (tit. 46, § 183b). In any event, a triable issue of fact was raised as to whether the owner had such knowledge of the injury to the infant plaintiff as would have entitled a court to have made a determination as to whether the owner has been prejudiced by the failure of the infant to have given notice as prescribed in said statute. No opinion.

Concur — Pette, Di Giovanna and Brown, JJ.

Order affirmed, etc.

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Per Curiam.

The order should be affirmed, with $10 costs and taxable disbursements. The failure of the owner to have contracted regarding the rights of an injured infant claimant precludes such owner from the protection afforded under the United States Code (tit. 46, § 183b). In any event, a triable issue of fact was raised as to whether the owner had such knowledge of the injury to the infant plaintiff as would have entitled a court to have made a determination as to whether the owner has been prejudiced by the failure of the infant to have given notice as prescribed in said statute. No opinion.

Concur — Pette, Di Giovanna and Brown, JJ.

Order affirmed, etc.

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Bluebook (online)

17 Misc. 2d 519, 191 N.Y.S.2d 411, 1958 N.Y. Misc. LEXIS 2317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ayoub-v-moore-mccormack-lines-inc-nyappterm-1958.

Opinion

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