BLUE WATER YACHT CLUB ASS'N v. NEW HAMPSHIRE INS.

Docket No. 03-7269.

355 F.3d 139 (2004)

BLUE WATER YACHT CLUB ASSOCIATION, Defendant-Cross-Claimant-Cross-Defendant-Appellant, Carl Scogmanillo, Defendant-Cross-Claimant-Cross-Defendant-Third-Party-Plaintiff-Appellee, Gary's Marine Service, Cross-Claimant-Third-Party-Defendant, v. NEW HAMPSHIRE INSURANCE CO., as subrogee of Peter Gold, Judith Gold and Seth Goldstein, Plaintiff-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 15, 2004.


Attorney(s) appearing for the Case

Debra Urbano, Speyer & Perlberg, Melville, NY, for Defendant-Cross-Claimant-Cross-Defendant-Appellant Blue Water Yacht Club Association.

James F. Sweeney, Nicoletti Hornig Campise Sweeney & Paige, New York, NY, for Plaintiff-Appellee New Hampshire Insurance Company.

Christopher P. McCarthy, McCarthy & McCarthy, Massapequa, NY, for Defendant-Cross-Claimant-Cross-Defendant-Third-Party-Plaintiff-Appellee Carl Scogmanillo.

Before: OAKES and CABRANES, Circuit Judges, and AMON, District Judge.


PER CURIAM.

Defendant-appellant Blue Water Yacht Club ("the Yacht Club") appeals from a February 28, 2003 order of the United States District Court for the Eastern District of New York (Leonard D. Wexler, Judge). The order denied the Yacht Club's motion to dismiss the Second Amended Complaint of plaintiff-appellee New Hampshire Insurance Company, which sought, inter alia, to impose liability on the Yacht Club for damages sustained to several boats at...

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