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IN RE MILLER'S LAUNCH, INC.

No. 10 Civ. 0872 (BMC).

773 F.Supp.2d 294 (2011)

In the Matter of the Complaint of MILLER'S LAUNCH, INC., as owner of a 1978 31-foot motor vessel, and City of New York, Department of Environmental Protection, as owner, and Miller's Launch, Inc., and Miller's Launch, Inc., as bareboat charter or owner Pro Hac Vice, of a 1994 34-foot motor vessel, for Exoneration from or Limitation of liability, Petitioners.

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

February 27, 2011.

Attorney(s) appearing for the Case

Michael Evan Stern, Brendan M. Burke, Jr., James Edward Mercante, Patrick Corbett, Rubin Fiorella & Friedman, LLP, New York, NY, Michael C. O'Malley, Siben & Siben, Bay Shore, NY, for Petitioners.

Andrew J. Levine, Raphaelson & Levine, Law Firm P.C., New York, NY, for Marcus Link.

Cheryl Diana Fuchs, Wade Clark Mulcahy, New York, NY, Vincent D. McNamara, Law Office of Vincent D. McNamara, East Norwich, NY, for Gaeta Interior Demolition.

MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

Before me is a motion for summary judgment by third-party defendant Gaeta Interior Demolition, Inc. ("Gaeta") seeking to dismiss the third-party complaint filed against it by petitioners Miller's Launch and the City of New York (together, "petitioners"). Because I find that the contract between petitioners and Gaeta did not contain an indemnification provision, I grant Gaeta's motion and dismiss...

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