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FALCONE v. MARINEMAX, INC.

No. 08CV1606 (ADS)(ETB).

659 F.Supp.2d 394 (2009)

Angelo FALCONE, Rick Mallette, James Koppel, Patricia Schneider, Plaintiffs, v. MARINEMAX, INC., MarineMax East, Inc., MarineMax Northeast, LLC, MarineMax Services, Inc., and Surfside 3 Yacht Clubs LLC., Defendants and Third-Party Plaintiffs, v. Marinco Electrical Group, Seacoast Distributors LLC., Third-Party Defendants.

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

September 17, 2009.

Attorney(s) appearing for the Case

Rubin, Fiorella & Friedman LLP, by: Brendan M. Burke, Jr., Esq., James Edward Mercante, Esq., Patrick Corbett, Esq., Michael Evan Stern, Esq., of Counsel, New York, NY, for the Plaintiffs.

Hill Betts & Nash LLP, by: James Edward Forde, Esq., of Counsel, New York, NY, for the MarineMax Defendants.

Patterson, Belknap, Webb & Tyler LLP, by: Robert D. Wilson, Jr., Esq., of Counsel, New York, NY, for Third-Party Defendant Marinco Electrical Group.

Cascone & Kluepfel, LLP, by: David F. Kluepfel, Esq., of Counsel, Garden City, NY, for Third-Party Defendant Seacoast Distributors LLC.

No Appearance Surfside 3 Yacht Clubs, LLC.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This action arises out of a fire at the defendants' marina in Lindenhurst, New York on May 9, 2007, which caused varying degrees of damage to the plaintiffs' boats. Presently before the Court is the MarineMax defendants' motion for partial summary judgment. For the following reasons, the motion is denied.

I. BACKGROUND

The following facts are derived from the parties' Local...

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