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SCHLESINGER v. ITALIAN LINE

278 A.D. 127 (1951)

Erna Schlesinger, Respondent, v. Italian Line, "Italia" Societa Anonima Di Navigazione of Genoa, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 10, 1951.

Attorney(s) appearing for the Case

Peter Keber of counsel (Morgan J. Burke with him on the brief; Dorsey & Adams, attorneys), for appellant.

Jack Flamhaft for respondent.

HEFFERNAN, J., concurs with GLENNON, J.; PECK, P. J., concurs for reversal and dismissal, in opinion; VAN VOORHIS, J., dissents and votes to affirm in an opinion in which SHIENTAG, J., concurs.

GLENNON, J.

Plaintiff, a nonresident, was a passenger on a ship owned by defendant en route from Genoa, Italy, to Arica, Bolivia, when it caught fire and sank in the Mediterranean Sea on January 21, 1940. Shortly thereafter in Genoa, Italy, plaintiff and certain other passengers executed an instrument written in the Italian language whereby two Italian lawyers were retained to act for them with respect to their...

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