[DOWNLOAD] "Blue Water Yacht Club Association v. New Hampshire Insurance Co." by 2003 United States Court of Appeals for the Second Circuit August Term # eBook PDF Kindle ePub Free
eBook details
- Title: Blue Water Yacht Club Association v. New Hampshire Insurance Co.
- Author : 2003 United States Court of Appeals for the Second Circuit August Term
- Release Date : January 15, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
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 Clubs 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 its facility as the result of a fire that originated on a boat at its facility. The Yacht Clubs affidavits in support of its motion to dismiss in the District Court averred, among other things, that an exculpatory provision in its licensing agreement relieved it of liability to the owners of the damaged boats, even if the damages were sustained as a result of the Yacht Clubs own negligence. Appellants Brief at 9 (citing Affidavit of Debra Ann Urbano, Appendix 20-23). The District Court denied the motion in its entirety, and the Yacht Club timely filed a Notice of Appeal to this Court under 28 U.S.C. § 1292(a)(3), which provides for federal appellate jurisdiction over "[i]nterlocutory decrees of such district courts or the judges thereof determining the rights and liabilities of the parties to admiralty cases in which appeals from final decrees are allowed." 28 U.S.C. § 1292(a)(3).