BRODER v. MacNEIL


232 A.D.2d 163 (1996)

647 N.Y.S.2d 743

Herbert Broder et al., Appellants-Respondents, v. Michael MacNeil et al., Defendants, Sea Travelers Marina, Inc., Respondent-Appellant, and Frank Moraco et al., Respondents. Toys `R' Us, Third-Party Plaintiff-Respondent, v. Sea Travelers Marina, Inc., et al., Third-Party Defendants-Appellants

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

October 1, 1996


Plaintiffs were injured on a Sunday afternoon in 1983 when their pleasure boat exploded while docked for refueling at Mill Basin in Brooklyn. The dock and marina, owned by the City of New York (initially named as a party defendant), was leased to defendant Toys `R' Us, whose store is adjacent to the marina on Flatbush Avenue. Toys `R' Us subleased the premises to defendant Sea Travelers Marina, which in turn subleased the fueling...

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