Hayes v. City of New York
Appellate Division of the Supreme Court of the State of New York
1DissentMarlow, J.
Even though plaintiff, a passenger on appellant boat owner’s “midnight cruise,” was assaulted on dry land about 10 minutes after disembarking and about 30 feet from the boat, the motion court properly applied maritime law. Appellant’s alleged negligence, namely, a failure to take reasonable security measures in response to rowdiness aboard the boat during the cruise, occurred on navigable waters (see e.g. Bay Casino, LLC v M/V Royal Empress, 199 FRD 464, 466 [ED NY 1999]). Under maritime law, appellant’s duty to protect plaintiffs safety did not necessarily end at the gangplank (see Sullivan…
2Cases cited8 opinions
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
- Foremost Insurance v. RichardsonSupreme Court of the United States · 1982
- Mastroianni v. County of SuffolkNew York Court of Appeals · 1997
- Thier v. Lykes Bros., Inc.District Court, S.D. Texas · 1995
- Horak v. Argosy Gaming Co.Supreme Court of Iowa · 2002
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