Matter of Guglielmo
District Court, E.D. New York
1Opinion of the Court
MEMORANDUM AND ORDER
PLATT, Chief Judge.
Claimant Jeanne Kroemer, administra-trix of the estate of Edward Kroemer, moves this Court for summary judgment arguing that the Limitation of Liability Act, 46 U.S.C.App. § 183(a) does not apply to pleasure boats. Petitioner opposes claimant’s motion and cross-moves for summary judgment on the grounds that 46 U.S.C.App. § 183(a) does apply to pleasure boats.
FACTS
Petitioner owned a 21' motor boat and decedant owned a 17' motor boat. The two boats collided at 2:15 P.M. on August 3, 1985 on Smithtown Bay. Petitioner’s boat, operated by his 21 year old son,…
2Cases cited6 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Foremost Insurance v. RichardsonSupreme Court of the United States · 1982
- Coryell v. PhippsSupreme Court of the United States · 1943
- Application of TheisenDistrict Court, E.D. New York · 1972
- Interstate Towing Co. v. StissiCourt of Appeals for the Second Circuit · 1983
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3Cited by5 opinions
- Keys Jet Ski, Inc. v. KaysCourt of Appeals for the Federal Circuit · 1990
- In the Matter of Michael Guglielmo for Exoneration From or Limitation of Liability. Jeanne M. Kroemer, Claimant-Appellant v. Michael GuglielmoCourt of Appeals for the Second Circuit · 1990
- Keys Jet Ski, Inc. v. KaysCourt of Appeals for the Eleventh Circuit · 1990
- Complaint of RoffeDistrict Court, D. Puerto Rico · 1989
- In re the Complaint of MyersDistrict Court, W.D. New York · 1989