Legal Opinion

Maiorani v. Kawasaki Kisen K.K.: Kobe

District Court, S.D. New York

Decided June 4, 1969No. 65 Civ. 3169Published

1Opinion of the Court

*132MEMORANDUM

MacMAHON, District Judge.

Plaintiff moves under Rule 60(b), Fed.R.Civ.P., to vacate and set aside a judgment entered against him for failure to prosecute. Rule 41(b), Fed.R.Civ.P.

This action arises from a superficial injury to plaintiff’s right hand which he claims to have suffered on board defendant third-party plaintiff’s vessel on March 21, 1963. The action was commenced on October 21, 1965, two years and seven months after the accident. After a delay of another two years, counsel certified that the action was ready for trial1 and placed it on the trial calendar on August 4, 1967.…

2Cases cited5 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Edward Davis v. United Fruit Company, Defendant-RespondentCourt of Appeals for the Second Circuit · 1969
  3. Joseph Schwarz v. United StatesCourt of Appeals for the Second Circuit · 1967
  4. Quagliano v. United StatesDistrict Court, S.D. New York · 1968
  5. Vitarelle v. Long Island RailroadDistrict Court, S.D. New York · 1968

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