Igneri v. CIE. De Transports Oceaniques

BARTELS, District Judge.

Motion by defendant to dismiss the second cause of action herein on the ground that it fails to state a claim upon which *237relief may be granted.1 2The action is brought by plaintiff Theresa Igneri for $500,000 damages based upon the loss of consortium of her husband Peter, a longshoreman, who allegedly sustained permanent injury aboard defendant’s vessel as a result of the unseaworthiness thereof and defendant’s negligence.

Defendant argues that since this action is brought upon the civil side, New York law must control,3 and that under that law no action lies on behalf…