UNITED BRANDS v. MUT. MAR.


117 Misc.2d 507 (1983)

United Brands Company, Plaintiff, v. Mutual Marine Office, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

January 19, 1983


Attorney(s) appearing for the Case

Waesche, Sheinbaum & O'Regan, P. C. (John R. Foster of counsel), for defendants. Burlingham, Underwood & Lord (John G. Ingram of counsel), for plaintiff.


HERMAN CAHN, J.

Defendants move pursuant to CPLR 3211 (subd [a], par 7) for an order dismissing the complaint as against defendant Mutual Marine Office, Inc. (MMO) on the ground that it fails to state a cause of action as against said defendant and to dismiss plaintiff's claims for punitive damages and its claim for prejudgment interest at the prime rate, on the same ground.

This is an action for damages arising out of the alleged failure of defendant...

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