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ATLANTIC MUTUAL INSURANCE CO. v. CLEARVIEW CLUB, INC.

No. 63-A-863.

264 F.Supp. 608 (1967)

ATLANTIC MUTUAL INSURANCE COMPANY, as insurer of the YACHT PLAYBOY, Plaintiff, v. CLEARVIEW CLUB, INC., and Floyd Layman, Defendants.

United States District Court E. D. New York.

February 17, 1967.

Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens, New York City, for plaintiff; J. M. Estabrook and Michael E. Curan, New York City, of counsel.

Zweibel, Steger & Foster, New York City, for defendants; Herbert J. Kaplow. Morris Zweibel, New York City, of counsel.

BARTELS, District Judge.

Arthur Lonschein and John Mazzuka were the owners of the yacht Playboy, a wooden 38-foot Chris Craft cabin cruiser with two six-cylinder engines, and were also members of Clearview Club, Inc. This club owned and operated a marina at 168-11 Powell's Cove Boulevard, Whitestone, New York, at which it maintained a gasoline and docking barge where it serviced and fueled boats.

On July 24, 1960, shortly after Noon, Lonschein boarded the...

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