(DOWNLOAD) "Robert Herman v. Donald Wesgate Et Al." by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Robert Herman v. Donald Wesgate Et Al.
- Author : Supreme Court of New York
- Release Date : January 25, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Order unanimously modified and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum: Plaintiff was injured while a guest at a stag party to celebrate the impending marriage of defendant Thomas Hauck. The party was held onboard a barge owned by defendant Donald Wesgate and Thomas Rouse. Following a three-hour cruise, the barge was anchored near the shoreline of Irondequoit Bay. The depth of the water off the bow of the barge was approximately two feet. Several guests began "skinny dipping" and, within a brief period of time, some in the party began to throw others still clothed off the bow into the water. Two or more individuals escorted plaintiff to the bow of the barge where, unwillingly, he went overboard. Trauma to his head or neck resulted in injury to his spinal cord. These appeals are from two orders of Special Term. The first granted defendant John Haucks motion for dismissal of the complaint (CPLR 3211, subd [a], par 7) and for summary judgment (CPLR 3212), and denied without prejudice the motions of defendants Michael Hauck, Thomas Hauck and Timothy Di Mino for the same relief. The second granted defendant James Haucks motion for dismissal of the complaint, summary judgment and for dismissal of all cross claims against him. It was improper to grant the motions of defendants John Hauck and James Hauck. Plaintiffs complaint alleges [94 A.D.2d 938 Page 939]