Legal Opinion

Neri v. Erie Railroad

New York Supreme Court

Decided October 30, 1950Published

1Opinion of the CourtBeldock, J.

1. Motion by plaintiff to strike out the first, sec- . and and third affirmative defenses contained in defendant’s answer on the ground of insufficiency under rule 109 of the Rules of Civil Practice.

2. Motion by plaintiff to vacate defendant’s notice of examination before trial.

Plaintiff was employed as a stevedore by the Terminal Stevedoring Co., Inc. While so employed on a lighter owned by the defendant which was moored at a New York City pier, and while stepping from such lighter to another, also owned by the defendant, plaintiff claims to have fallen and sustained injuries through the…

2Cases cited4 opinions

  1. American Stevedores, Inc. v. PorelloSupreme Court of the United States · 1947
  2. Ricciardi v. American Export Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1945
  3. Ricciardi v. American Export Lines, Inc.New York Court of Appeals · 1945
  4. American Motorists Ins. ex rel. Smith v. Manhattan Lighterage Corp.District Court, S.D. New York · 1948

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