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RIZZI v. EMPRESA HONDURENA DE VAPORES, S.A.

No. 62 Civil 894.

253 F.Supp. 781 (1966)

Francesco RIZZI, Plaintiff, v. EMPRESA HONDURENA DE VAPORES, S.A., Defendant and Third-Party Plaintiff, v. TODD SHIPYARDS CORPORATION and Four Boro Contracting Company, Third-Party Defendants.

United States District Court E. D. New York.

May 3, 1966.

Attorney(s) appearing for the Case

Di Costanzo, Klonsky & Sergi, by Benjamin J. Sergi, Brooklyn, N. Y., for plaintiff.

Burlingham, Underwood, Barron, Wright & White, by William M. Kimball, New York City, for defendant.

Terhune, Gibbons & Mulvehill, by Edmund J. Fanning, New York City, for third party defendant Todd Shipyards Corp.

Joseph M. Soviero, by Raymond C. Green, New York City, for third party defendant Four Boro Contracting Co.

BRUCHHAUSEN, District Judge.

The preliminary question before the court is to determine whether or not plaintiff is entitled to the warranty of seaworthiness.

The plaintiff, a harbor worker employed by Four Boro Contracting Co., as a maintenance man was allegedly injured during the course of his work aboard the vessel M. S. Mabay. The vessel was at Todd Shipyards moored to one of its piers undergoing major repairs, overhaul and general maintenance. Todd sub...

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