Opinion · Nylaw New York

AYOUB v. MOORE-McCORMACK LINES, 17 Misc.2d 519 (1958)

191 N.Y.S.2d 411

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1958-11-24
Topic: general

AYOUB v. MOORE-McCORMACK LINES, 17 Misc.2d 519 (1958) 191 N.Y.S.2d 411 ALSON AYOUB, an Infant, by JOHN AYOUB, His Guardian ad Litem, Respondent,v. MOORE-McCORMACK LINES, INC., AppellantSupreme Court, Appellate Term, Second Department. November 24, 1958 Appeal from the City Court of the City of New York, Kings County, JOHN R. STARKEY, J.

Citator

UpLaw has not yet analyzed AYOUB v. MOORE-McCORMACK LINES, 17 Misc.2d 519 (1958). The absence of a flag is not a finding that it is good law.

AYOUBv.MOORE-McCORMACK LINES,17 Misc.2d 519(1958)

191 N.Y.S.2d 411

ALSON AYOUB, an Infant, by JOHN AYOUB, His Guardian ad Litem, Respondent,

v.MOORE-McCORMACK LINES, INC., Appellant

Supreme Court, Appellate Term, Second Department.

November 24, 1958

Page 520

Appeal from the City Court of the City of New York, Kings County, JOHN R. STARKEY, J.

Kirlin, Campbell Keating(Thomas R. McLaughlinof counsel), for appellant.Francis L. Giordanofor respondent.

Per Curiam.

The order should be affirmed, with $10 costs and taxable disbursements. The failure of the owner to have contracted regarding the rights of an injured infant claimant precludes such owner from the protection afforded under the United States Code (tit. 46, § 183b). In any event, a triable issue of fact was raised as to whether the owner had such knowledge of the injury to the infant plaintiff as would have entitled a court to have made a determination as to whether the owner has been prejudiced by the failure of the infant to have given notice as prescribed in said statute. No opinion.

Concur — PETTE, DI GIOVANNA and BROWN, JJ.

Order affirmed, etc.