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LeBLANC v. CLEVELAND

No. 95-CV-1417.

979 F.Supp. 142 (1997)

Etoile LEBLANC and Stephen Ossen, Plaintiffs, v. Terry CLEVELAND, Robert Grant, Jr. and JRD Retailers, Ltd., d/b/a Syd and Dusty's Outfitters, Defendants. Terry CLEVELAND and Robert Grant, Jr., Defendants and Third-Party Plaintiffs, v. SYD AND DUSTY OUTFITTERS, Third-Party Defendant.

United States District Court, N.D. New York.

October 1, 1997.

Attorney(s) appearing for the Case

Kreindler & Kreindler, New York City (Paul S. Edelman, of counsel), for Plaintiffs Etoile LeBlanc, Stephen Ossen.

Office of Todd J. Krouner, Chappaqua, NY (Todd J. Krouner, of counsel), for Plaintiffs Etoile LeBlanc, Stephen Ossen.

Burke, Grossman, Valenti, Albright, Harter, Rzepka & Beebe, L.L.P., Rochester, NY (Johnson S. Albright, II, of counsel), for Defendant Robert Grant, Jr.

DuPee & Orloff, Goshen, NY (Mark D. Orloff, of counsel), for Defendant Terry Cleveland.

Office of E. David Duncan, Albany, NY (E. David Duncan, of counsel), for Defendant JRD Retailers, Ltd., d/b/a Syd and Dusty's Outfitters.

MEMORANDUM DECISION AND ORDER

KAHN, District Judge.

On July 4, 1994 plaintiffs Etoile LeBlanc ("LeBlanc") and Stephen Ossen ("Ossen") suffered personal injuries when the kayak they were paddling on the Hudson river was struck by a recreational motor boat operated by defendant Terry Cleveland and owned by defendant Robert Grant, Jr. ("Grant"). LeBlanc and Ossen had rented their Kayak from defendant/third-Party defendant JRD Retailers, Ltd., d/b/a Syd...

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