Diaz v. Ellerman Bucknall S. S. Co.

Judgment, Supreme Court, New York County, entered March 25, 1976, unanimously reversed, on the law and in the exercise of discretion, vacated, the third-*962party complaint reinstated, and the matter remanded for a new trial, with $60 costs and disbursements of this appeal to abide the event. It was error to direct a verdict for defendants. The complaint asserted causes of action in both unseaworthiness and negligence. The use of the "chocks” in the manner testified to was sufficient to create an issue of fact as to the existence of an unseaworthy condition. (See Edynak v Atlantic Shipping Inc.…