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ROANE v. GREENWICH SWIM COMMITTEE

No. 01 Civ. 2254(CSH).

330 F.Supp.2d 306 (2004)

Stephen ROANE and Margot Roane, Plaintiffs, v. GREENWICH SWIM COMMITTEE; Walter F. McDermott; and S2 Yachts, Inc., d/b/a/ Tiara Yachts, Defendants.

United States District Court, S.D. New York.

July 9, 2004.

Attorney(s) appearing for the Case

John J. Sullivan, Thomas Earl Willoughby, Hill, Rivkins & Hayden, L.L.P., New York, NY, for Plaintiffs.

Helene Teper, Jacobowitz, Spessard, Garfinkel & Lesman, Esqs., Michael J. Pearsall, Jacobowitz Garfinkel & Lesman, New York, NY, for Defendants.

MEMORANDUM OPINION AND ORDER

HAIGHT, Senior District Judge.

In this tort action arising out of injuries suffered by a swimmer during the course of a distance swimming event and a related rescue attempt, defendants move for summary judgment and to preclude the testimony of plaintiffs' expert witness. Plaintiffs oppose these motions and cross-move for partial summary judgment to strike certain defendants' affirmative defenses of waiver and assumption...

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