Legal Opinion

Resigno v. F. Jarka Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 24, 1927PublishedCited by 5 opinions

1Opinion of the CourtO’Malley, J.

The court has dismissed the complaint as to the appealing defendant upon motion made under rule 107, subdivision 2, of the Rules of Civil Practice. The question presented, therefore, is whether this court has jurisdiction of any cause of action alleged.

The complaint and the moving affidavits set forth the following facts: Plaintiff’s intestate, hereinafter referred to as plaintiff, was employed as a longshoreman by the respondent F. Jarka Co., Inc., hereinafter referred to as the defendant. The latter was engaged in the business of a stevedore. On February 18, 1926, the defendant was loading…

2Cases cited10 opinions

  1. Panama Railroad v. JohnsonSupreme Court of the United States · 1924
  2. Western Fuel Co. v. GarciaSupreme Court of the United States · 1921
  3. Cunard Steamship Co. v. MellonSupreme Court of the United States · 1923
  4. International Stevedoring Co. v. HavertySupreme Court of the United States · 1926
  5. Woollcott v. . ShubertNew York Court of Appeals · 1916

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3Cited by5 opinions

  1. Yaconi v. Brady & Gioe, Inc.New York Court of Appeals · 1927
  2. Franzen v. E. I. Du Pont De Nemours & Co.District Court, D. New Jersey · 1941
  3. Muti v. HoeyAppellate Division of the Supreme Court of the State of New York · 1927
  4. In re Benevolent & Protective Order of Elks Brooklyn Lodge No. 22District Court, E.D. New York · 1935
  5. Mahoney v. International Elevating Co.District Court, E.D. New York · 1927

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