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MULHERN v. MANHASSET BAY YACHT CLUB

43 A.D.3d 425 (2007)

840 N.Y.S.2d 821

JAMES MULHERN et al., Plaintiffs, v. MANHASSET BAY YACHT CLUB, Defendant and Third-Party Plaintiff-Respondent. COSTELLO MARINE CONTRACTING CORP., Third-Party Defendant-Appellant.

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

Decided August 14, 2007.

Ordered that on the Court's own motion, the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520 [c]); and it is further,

Ordered that the judgment is reversed, on the law, with costs, the order dated July 11, 2005 is vacated, and the third-party complaint is dismissed.

The injured plaintiff was clearing debris from a beach when he was struck by a load of timber being hoisted by a bargemounted...

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