Belmonte v. Scindia Steam Navigation Co., Ltd.

OPINION

MILTON POLLACK, District Judge.

Defendant Scindia Steam Navigation moves to dismiss the negligence claim asserted against it by the plaintiff, a longshoreman, by reason of laches in the assertion of the claim. Plaintiff has not shown an adequate excuse for his failure to commence suit against Scindia within a reasonable time and defendant has shown prejudice from the delay. The motion to dismiss will accordingly be granted.

This suit was commenced in the Supreme Court of the State of New York and was removed to this Court on the ground of diversity of citizenship of the parties.…