Goldstein v. Prisant

Appellate Division of the Supreme Court of New York

Goldstein v. Prisant

24 A.D.2d 449, 260 N.Y.S.2d 610, 1965 N.Y. App. Div. LEXIS 4012

Appellate Division of the Supreme Court of the State of New York·Decided June 1, 1965·Published

Opinion

—In an action to recover damages for personal injury allegedly sustained by the plaintiff as a result of the negligence of the defendants with respect to the operation of a motorboat, the defendant Mark Disman, the owner of the boat, appeals: (1) from an order of the Supreme Court, Nassau County, entered October 5, 1964, which denied his motion for leave to serve an amended answer pleading as a defense a limitation of liability pursuant to statute (U. S. Code, tit. 46, § 183, subd. [a]); and (2) from an order of said court, entered October 27, 1964, upon reargument, which adhered to the original decision. Appeal from order of October 5, 1964 dismissed, without costs; that order was superseded by the order of October 27, 1964. Order of October 27, 1964 affirmed, with $10 costs and disbursements (see King v. Liotti, 190 Misc. 652). Beldoek, P. J., Christ, Brennan, Rabin and Benjamin, JJ., concur.

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—In an action to recover damages for personal injury allegedly sustained by the plaintiff as a result of the negligence of the defendants with respect to the operation of a motorboat, the defendant Mark Disman, the owner of the boat, appeals: (1) from an order of the Supreme Court, Nassau County, entered October 5, 1964, which denied his motion for leave to serve an amended answer pleading as a defense a limitation of liability pursuant to statute (U. S. Code, tit. 46, § 183, subd. [a]); and (2) from an order of said court, entered October 27, 1964, upon reargument, which adhered to the original decision. Appeal from order of October 5, 1964 dismissed, without costs; that order was superseded by the order of October 27, 1964. Order of October 27, 1964 affirmed, with $10 costs and disbursements (see King v. Liotti, 190 Misc. 652). Beldoek, P. J., Christ, Brennan, Rabin and Benjamin, JJ., concur.

Goldstein v. Prisant, 24 A.D.2d 449, 260 N.Y.S.2d 610, 1965 N.Y. App. Div. LEXIS 4012 (N.Y. Ct. App. 1965).

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