Herman v. Westgate

94 A.D.2d 938 (1983)

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Nature of the Case

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Facts

P was injured as a guest at a stag party for Hauck (D). The party barge was anchored near the shoreline in two feet of water. Guests began 'skinny dipping' and to throw others still clothed off the bow into the water. A number of people escorted P to the bow of the barge where, unwillingly, he went overboard. This resulted in injury to his spinal cord. P sued Ds. P alleged concerted action. The court granted John Hauck's motion for dismissal of the complaint and summary judgment and denied without prejudice the motions of defendants Michael Hauck, Thomas Hauck and Timothy Di Mino for the same relief. The court granted James Hauck's motion for dismissal of the complaint, summary judgment and dismissal of all cross-claims against him. P appealed.