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MARTELL v. NORTH RIVER INS. CO.

107 A.D.2d 948 (1985)

Harry Martell, Individually and as Parent and Natural Guardian of William B. Martell, an Infant, Plaintiff, v. North River Insurance Company, Defendant. (Action No. 1.) Nicholas F. Cutro, Appellant, v. North River Insurance Company, Respondent, et al., Defendants. (Action No. 2.)

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

January 24, 1985

Nicholas F. Cutro operated a restaurant and a boat and jet ski rental business on Lake George in Warren County. On August 31, 1979, Cutro rented a Kawasaki jet ski to William Brent Martell, aged 16. While using the ski on the lake, Martell collided with Cutro's motorboat, which had been rented to a third party, and suffered serious injuries, including the loss of his left arm. Cutro at the time had a $300,000 limit liability policy with Hartford Accident and Indemnity Company...

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