Legal Opinion
Jakuboski v. Matson Navigation Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 2, 1942PublishedCited by 1 opinion
1Opinion of the Court
The fifth affirmative defense is sufficient in law. (Jakuboski v. Matson Navigation Co., 264 App. Div. 735; Hunt v. Bank Line, 35 Fed. Rep. [2d] 136.) The affidavit submitted on behalf of plaintiff in opposition to the motion fails to show the existence of a triable issue of fact. Carswell, Johnston, Adel and Close, JJ., concur; Lazansky, P. J., dissents and votes to affirm.
2Cases cited1 opinion
- Jakuboski v. Matson Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1942
3Cited by1 opinion
- Ricciardi v. American Export Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1945