MORELLI v. RAGAN


45 A.D.2d 1022 (1974)

Carmela Morelli, Respondent, v. Eugene Ragan, Appellant

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

July 29, 1974


Order reversed, with $20 costs and disbursements and plaintiff's motion denied.

This action arises from an accident at sea in which a motorboat owned and operated by defendant, and in which plaintiff's intestate was a passenger, overturned. The complaint alleged negligent operation and control and that defendant was "otherwise careless, reckless and negligent in the premises". The answer generally denied those allegations and asserted as an affirmative defense that...

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