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TANTUCCIO v. MARINA HOLDING CORP.

20 A.D.3d 472 (2005)

799 N.Y.S.2d 234

JOHN TANTUCCIO et al., Respondents, v. MARINA HOLDING CORP., Doing Business as VENICE MARINA, Appellant. (And a Third-Party Action.)

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

July 11, 2005.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to dismiss the cause of action to recover damages based on negligence is granted, and that cause of action is dismissed.

The plaintiffs were injured in an accident which occurred when their motor boat exploded and caught fire shortly after it was refueled at the defendant marina. The boat, which had been...

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