Answer of Defendant Grace Steamship Company. 70 SIXTH: On information and belief it denies each and every allegation contained in paragraph numbered Sixth of the amended complaint. SEVENTH: It denies each and every allegation contained in paragraph numbered Seventh of the amended complaint. EIGHTH: It admits that at the times mentioned in the amended complaint the Steamship Charcas was flying the American flag and was registered at the Port of New York by this defendant. It 71 denies each and every other allegation contained in paragraph numbered Eighth of the amended complaint. NINTH: It denies each and every allegation contained in paragraph numbered Ninth of the amended complaint. TENTH: It denies that it has any knowledge or information sufficient to form a belief thereof as to each and every allegation contained in paragraph numbered Tenth of the amended complaint. 72 ELEVENTH: It denies each and every allega tion contained in paragraph numbered Eleventh of the amended complaint. TWELFTH: It denies that it has any knowledge or information sufficient to form a belief thereof as to each and every allegation contained in paragraph numbered Twelfth of the amended complaint. THIRTEENTH: It denies that it has any knowledge or information sufficient to form a belief Answer of Defendant Grace Steamship Company. 73 thereof as to each and every allegation contained in paragraph numbered Thirteenth of the amended complaint. WHEREFORE, defendant demands that the amended complaint herein be dismissed with costs to the defendant as against the plaintiff, and for such other, further and different relief as the justice of the cause may require. 74 KIRLIN CAMPBELL HICKOX KEATING & McGRANN, Attorneys for Defendants, City of New York. (Sworn to February 19, 1932, by R. H. Patchin as a vice-president of Grace Steamship Company.) Answer of Defendant W. R. Grace & Co. to Amended Complaint. SUPREME COURT, 75 NEW YORK COUNTY. [SAME TITLE.] W. R. Grace & Co. sued herein as W. R. Grace & Company, one of the defendants herein, answering the amended complaint, by Kirlin, Campbell, Hickox, Keating & McGrann, its attorneys, alleges upon information and belief as follows: FIRST: It denies that it has any knowledge or information sufficient to form a belief thereof as Answer of Defendant W. R. Grace & Co. 76 to each and every allegation contained in paragraph numbered First of the amended complaint. SECOND: It admits that it is a foreign corporation duly organized and existing under and by virtue of the laws of the State of Connecticut. THIRD: It admits that Grace Steamship Company is a foreign corporation duly organized and existing under and by virtue of the laws of the State of Delaware. 77 FOURTH: It denies each and every allegation contained in paragraph numbered Fourth of the amended complaint. FIFTH: It admits the allegations contained in paragraph numbered Fifth of the amended complaint. Sixth: It denies each and every allegation contained in paragraph numbered Sixth of the amended complaint. 78 SEVENTH: It denies each and every allegation contained in paragraph numbered Seventh of the amended complaint. EIGHTH: It admits that at the times mentioned in the amended complaint the Steamship Charcas was flying the American flag. It denies each and every other allegation contained in paragraph numbered Eighth of the amended complaint. NINTH: It denies each and every allegation contained in paragraph numbered Ninth of the nended complaint. Answer of Defendant W. R. Grace & Co. 79 TENTH: It denies that it has any knowledge or information sufficient to form a belief thereof as to each and every allegation contained in paragraph numbered Tenth of the amended complaint. ELEVENTH: It denies each and every allegation contained in paragraph numbered Eleventh of the amended complaint. TWELFTH: It denies that it has any knowledge or information sufficient to form a belief thereof as to each and every allegation contained in paragraph numbered Twelfth of the amended complaint. 80 THIRTEENTH: It denies that it has any knowledge or information sufficient to form a belief thereof as to each and every allegation contained in paragraph numbered Thirteenth of the amended complaint. WHEREFORE, defendant demands that the amended complaint herein be dismissed with costs to the defendant as against the plaintiff, and for such other, further and different relief as the 81 justice of the cause may require. KIRLIN CAMPBELL Hickox KEATING & McGRANN, Attorneys for Defendants, City of New York. (Verified February 19, 1932, by W. F. Cogswell as a manager of W. R. Grace & Co.) 83 PLEASE TAKE NOTICE that the defendants, W. R. Grace & Company and Grace Steamship Company, hereby appeal to the Appellate Division of the Supreme Court for the First Judicial Department from the order entered in the aboveentitled action in the office of the Clerk of the County of New York on or about the 20th day of September, 1935, which order resettled an order denying a motion made by the defendants to dismiss the above-entitled action and further granted a motion made by the plaintiff for an order restoring the above-entitled action to the trial calendar and further vacated the stay against the plaintiff until the costs which accrued against the plaintiff had been paid by the plaintiff, and from each and every part of said order as well as the whole thereof. 84 Dated, New York, September 23, 1935. Yours, etc., Attorneys for Defendants, Borough of Manhattan, l'o: City of New York. City of New York. |