Legal Opinion · Dissent

Hernandez v. Cali, Inc.

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

Decided June 17, 1969Published

1Dissent

Nunez, J. (dissenting).

I dissent and vote to reverse the order appealed from and to deny the motion to dismiss the complaint.

This is a seaman’s action brought to recover damages for personal injuries sustained on board the defendants’ vessel while moored to a dock in Brooklyn, New York. The shipowner is a Panamanian corporation doing business in New York through its agent, a codefendant; the other defendant is a New York corporation. The injured seaman is a citizen of and signed the shipping articles in Colombia, South America. The court •below dismissed the complaint on the basis of forum…

2Cases cited2 opinions

  1. De La Bouillerie v. De VienneNew York Court of Appeals · 1949
  2. Serralles v. ViaderAppellate Division of the Supreme Court of the State of New York · 1955

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