Licari v. Isbrandtsen Co.

Order entered July 7, 1967, herein appealed from, modified on the law, the facts and in .the exercise of discretion, so as to grant leave to plaintiff to serve an amended complaint pleading breach of warranty of seaworthiness only within 20 days after service of a copy of the order entered hereon. As so modified .the order is otherwise affirmed, without costs to either party. The complaint combines allegations of negligence and unseaworthiness as the bases upon which recovery is sought. Insofar as the action is based on negligence, that aspect is clearly time-barred since the accident in…