Mack v. Davidson

Order and judgment unanimously affirmed, with costs, to defendants Lyon. Memorandum: At about noon on an early November day in 1973 a 28-foot disabled cabin cruiser with a hole through its hull near the water line was tied to a marina dock on Lake Chautauqua. The dock projected out into the lake and was exposed to the wind and waves. Later that same night a storm came up, water filled the boat and caused it partially to submerge. In the suit commenced by the boat’s owner for damages, Special Term granted summary judgment to the defendant, Edgewater Marine owners, dismissing the plaintiff’s…