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KAISER v. DELANEY

8 A.D.3d 238 (2004)

777 N.Y.S.2d 665

THOMAS KAISER et al., Appellants, v. BRYAN DELANEY et al., Defendants, and SOUTH BAY WATER TAXI et al., Respondents.

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

June 1, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs allegedly sustained damages arising from an assault upon the plaintiff Thomas Kaiser by fellow passengers while on a water taxi. They commenced this action against, among others, the defendants South Bay Water Taxi, John Sanders (the owner of South Bay Water Taxi), and Kevin W. Payne (the captain of the water taxi) (hereinafter collectively referred to as the respondents). In opposition...

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