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IN RE DELMARINE, INC.

No. CV 03-6206(ADS).

535 F.Supp.2d 318 (2008)

In the Matter of the Complaint of DELMARINE, INC., as Owner of a Certain 1973 18' Signa Bowrider for Exoneration From or Limitation of Liability.

United States District Court, E.D. New York.

February 1, 2008.

Attorney(s) appearing for the Case

Bennett, Giuliano, McDonnell & Perrone, LLP by Joseph J. Perrone, Esq., of Counsel, New York, NY, for Delmarine, Inc. and Michael J. Starito, Jr.

Tabak, Mellusi & Shisha, Esqs. by Jacob Shisha, Esq., of Counsel, New York, NY, for Claimants Linda Fainer and Gregory Fainer.

MEMORANDUM OF DECISION AND ORDER

ARTHUR D. SPATT, District Judge.

I. BACKGROUND

This action arises from a collision between two recreational motor boats on Long Island's Great South Bay. The accident caused the claimant, Linda Fainer ("Linda"), to sustain serious and permanent injuries. Linda and her husband, Gregory Fainer ("Gregory"), commenced a lawsuit in New York Supreme Court, Nassau County on September 10, 2003. Three months later, on December...

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