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MATTITUCK PARK DIST. v. THE TRAVELERS COS.

244 A.D.2d 321 (1997)

665 N.Y.S.2d 538

Mattituck Park District, Respondent, v. The Travelers Companies, Appellant

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

November 3, 1997

Ordered that the order is affirmed, with costs.

There is an issue of fact as to whether the boat tied to the plaintiff's dock was "in the care, custody or control" of the plaintiff at the time that it sank (County of Broome v Travelers Indem. Co., 88 A.D.2d 720, affd 58 N.Y.2d 753; see, Dubay v Trans-America Ins. Co., 75 A.D.2d 312

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