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MARTELL v. BOARDWALK ENTERPRISES, INC.

Nos. 1383 to 1386, Dockets 83-9028, 83-9064, 83-9066 and 84-7276.

748 F.2d 740 (1984)

Harry MARTELL, Individually and as Parent and Natural Guardian of William Brent Martell, an infant, Plaintiff-Appellee, v. BOARDWALK ENTERPRISES, INC., Nicholas F. Cutro, Individually and d/b/a Boardwalk and/or Lake George Boardwalk and/or Boardwalk on Lake George and/or Boardwalk Boat Rental, William Revy, the Village of Lake George, New York, Kawasaki Motors Corp., U.S.A., and WRD Enterprises, Inc., d/b/a Saratoga Kawasaki, Defendants, Nicholas F. Cutro, Individually and d/b/a Boardwalk and/or Lake George Boardwalk and/or Boardwalk on Lake George, Boardwalk Boat Rental, William Revy, Kawasaki Motors Corp., U.S.A., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 13, 1984.

Attorney(s) appearing for the Case

Kenneth G. Varley, Albany, N.Y. (Donohue, Donohue & Sabo, P.C., Albany, N.Y., on brief), for plaintiff-appellee.

Richard T. Horigan, Amsterdam, N.Y. (Horigan & Horigan, Amsterdam, N.Y., on brief), for defendant-appellant Nicholas F. Cutro, Etc.

Robert A. Murphy, Jr., Albany, N.Y. (Lyons, Pentak, Brown & Tobin, Albany, N.Y., on brief), for defendant-appellant William Revy.

Daniel A. Whalen, Albany, N.Y. (Hesson, Ford, Sherwood & Whalen, Albany, N.Y., on brief), for defendant-appellant Kawasaki Motors Corp., U.S.A.

Martin A. Meyer, Glen Falls, N.Y. (McPhillips, Fitzgerald, Meyer & McLenithan, Glen Falls, N.Y., on brief), for defendant The Village of Lake George, New York.

Before KEARSE, PIERCE and MARKEY, Circuit Judges.

KEARSE, Circuit Judge:

Defendants Nicholas F. Cutro, individually and d/b/a inter alia Boardwalk ("Cutro"), William Revy, and Kawasaki Motors Corp., U.S.A. ("Kawasaki"), appeal from a judgment entered in the United States District Court for the Northern District of New York, Roger J. Miner, Judge, following a jury trial and verdict in favor of plaintiff Harry Martell ("Harry") suing in his own behalf and as parent and guardian of his son, William Brent...

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