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KILFOIL v. ULLRICH

275 A.D.2d 53 (2000)

714 N.Y.S.2d 737

LINDA KILFOIL, Individually and as Mother and Natural Guardian of PETER KILFOIL, JR., an Infant, et al., Appellants, v. JOHN ULLRICH, JR., et al., Defendants, and MOLDED FIBER GLASS COMPANIES, Doing Business as MOLDED FIBER GLASS BOAT CO., Formerly Known as MOLDED FIBER GLASS COMPANIES, and Another, Respondent.

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

October 23, 2000.

Attorney(s) appearing for the Case

Gallagher Gosseen Faller Kaplan & Crowley, Garden City (Michael J. Crowley, Robert A. Faller and Brian P. Morrissey of counsel), for appellants.

Mulholland, Minion & Roe, Williston Park (Brian R. Davey and Thomas P. Murphy of counsel), for respondent.

O'BRIEN, J.P., ALTMAN and KRAUSMAN, JJ., concur.

OPINION OF THE COURT

GOLDSTEIN, J.

At issue here is whether the plaintiffs are entitled to a jury trial of their action to recover damages for personal injuries arising out of a boat collision occurring in navigable waters and therefore governed by Federal maritime law. This question is, for the most part, an issue of first impression in this State (but see, Public Adm'r v Gibson & Cushman, 162 A.D.2d 401, ...

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