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POTENZA v. PARTENREEDERI, M/S "ASSENBURG"

No. 78 Civ. 5810.

525 F.Supp. 16 (1980)

Edward POTENZA, Plaintiff, v. PARTENREEDERI, M/S "ASSENBURG," Defendant.

United States District Court, S. D. New York.

November 6, 1980.

Attorney(s) appearing for the Case

Zimmerman & Zimmerman, New York City, for plaintiff.

Lilly Sullivan & Purcell, New York City, for defendant.

MEMORANDUM DECISION

STEWART, District Judge.

Defendant has moved to dismiss this longshoreman's action on the ground that plaintiff's claim is barred under the doctrine of laches. Plaintiff seeks damages for injuries sustained on October 2, 1972 while working aboard defendant's vessel. This action was instituted on December 4, 1978, and defendant was served on July 10, 1979.

Plaintiff failed to initiate the instant action within the applicable limitations...

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