STACHNIK MARINA, LTD. v. COMMERCIAL UNION INSURANCE COMPANY


263 A.D.2d 479 (1999)

692 N.Y.S.2d 727

STACHNIK MARINA, LTD., et al., Respondents, v. COMMERCIAL UNION INSURANCE COMPANY, Appellant.

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

Decided July 12, 1999.


Ordered that the order and judgment is modified by (1) deleting from the first decretal paragraph all words after the phrase "is hereby set aside," and substituting therefor the words "and a new trial is granted" and (2) deleting the second decretal paragraph thereof; as so modified, the order and judgment is affirmed.

On July 27, 1993, the plaintiff Stachnik Marina, Ltd., d/b/a Remsenburg Marina (hereinafter Stachnik), a boat dealer, was performing sea trials on...

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