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SCHOLL v. TOWN OF BABYLON

95 A.D.2d 475 (1983)

Paulette Scholl, as Administratrix of The Estate of Robert Scholl, Deceased, Respondent-Appellant, v. Town of Babylon, Appellant-Respondent, and Henry Hitz et al., Respondents

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

September 26, 1983

Attorney(s) appearing for the Case

Kelly, Rode, Kelly & Burke, (John D. Kelly and Stephen P. Burke of counsel), for appellant-respondent.

McCoy & Agoglia, P. C. (Harold V. McCoy and Blane Magee of counsel), for respondent-appellant.

LAZER, J. P., GULOTTA and BOYERS, JJ., concur.

BROWN, J.

The primary question presented for our resolution herein is whether the instant action — which arises out of the death of plaintiff's decedent after he was struck by a pleasure boat while crabbing within the navigable waters of the State — is governed by State substantive law or whether it is subject to admiralty jurisdiction and controlled by principles of general maritime law. Since...

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