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In re The Complaint of Leigh

United States District Court, E.D. New York

March 31, 2014

In the Matter of the Complaint of RICHARD J. LEIGH, as Owner of the M/Y SILVER BULLET for Exoneration from or Limitation of Liability, Petitioner. In the Matter of The Complaint of RICHARD PATRICK LEIGH, as Owner of the M/Y SILVER BULLET for Exoneration from or Limitation of Liability, Petitioner. MICHELE WEIL, as Administratrix of the Estate of CHRISTOPHER MANNINO, Third-Party Plaintiff,
v.
BRIAN ANDRESKI, WARREN ANDRESKI, CAROL ANDRESKI, B.C.M FISH LTD. d/b/a MATTHEW'S SEAFOOD HOUSE, JENNIFER ANN MORITZ, SULLOT CORP. d/b/a ALBATROSS, and JAMES S. MALLOTT, Third-Party Defendants.

Steven E. Leder, Esq. Julie F. Maloney, Esq., of Counsel Leder Law Group, P.C. Attorneys for the Petitioners Richard Patrick Leigh and Richard J. Leigh Baltimore, Maryland.

Claude N. Grammatico, Esq., of Counsel Law Office of Epstein, Gialleonardo & Frankini Attorneys for the Petitioners Richard Patrick Leigh and Richard J. Leigh Mineola, New York,

Alison D. Metzler, Esq., Sullivan Papain Block McGrath & Cannavo Attorneys for the Third-Party Plaintiff Michele Weil as Administratrix of the Estate of Christopher Maninno Garden City, New York of Counsel.

Catherine Jeanne Poissant, Esq., of Counsel Smith Mazure Director Wilkins Young & Yagerman, P.C. Attorneys for the Third Party Defendants B.C.M. Fish Ltd. and Jennifer Ann Moritz New York, NY.

Bryan F. Lewis, Esq., Annemarie Susan Jones, Esq., of Counsel Lewis Johs Avallone Aviles LLP Attorneys for the Third-Party Defendants Carol Andreski and Warren Andreski Islandia, NY.

Kevin Michael Zimmerman, Esq. Joshua R. Hecker, Esq., of Counsel Lewis Brisbois Bisgaard & Smith LLP Attorneys for Third Party Defendants Sullot Corp. and James Mallot New York, NY.

Brian Andreski, Pro se DIN #13A2477 Franklin Correctional Facility Malone, New York

DECISION AND ORDER

ARTHUR D. SPATT, District Judge.

On January 17, 2013, the Petitioner Richard J. Leigh, as owner of the M/Y Silver Bullet (Official No. 565053), a 34' Hatteras Sports Fisherman Boat, commenced an action, case no. 13cv-294, pursuant to the Limitation of Liability Act, 46 U.S.C. § 30501, et seq. (the "Limitation Act") and Rule F of the Supplemental Rules for Certain Admiralty and Maritime Claims, arising from a boat accident (the "accident") involving the M/Y Silver Bullet.

The accident occurred on June 23, 2012 at approximately 4:50 a.m. in the Great South Bay near West Islip, New York when a 24' Douglas Skater driven by Brian Andreski collided with the M/Y Silver Bullet, killing Christopher Mannino, a passenger on the M/Y Silver Bullet. At the time, the M/Y Silver Bullet was being operated by Richard Patrick Leigh, the son of Richard J. Leigh. Following the accident, Brian Andreski pleaded guilty to aggravated vehicular homicide and vehicular manslaughter in the second degree. Brian Andreski is currently incarcerated.

According to the complaint, the underlying incident occurred without the privity or knowledge of Richard J. Leigh and was not caused by or contributed to by any fault or negligence or unseaworthiness on the part of the M/Y Silver Bullet or those in charge of her.

On March 4, 2013, Michele Weil, as Administratrix of the Estate of Christopher Mannino (the "Estate"), filed a wrongful death action in Supreme Court, Suffolk County. Both Richard J. Leigh and Richard Patrick Leigh were named as defendants in that state court action.

Also named as defendants in the state court action were B.C.M. Fish Ltd. d/b/a Matthew's Seafood House ("B.C.M") and its owner, Jennifer Ann Moritz ("Moritz"). In this regard, the Estate alleged that B.C.M. and Moritz were liable under the New York State Dram Shop Act, General Obligations Law §§ 11-100, et seq. because, on the night of the accident, bartenders at B.C.M. served a visibly intoxicated Brian Andreski with alcoholic beverages.

In addition, the state court action also named as defendants Brian Andreski; Warren and Carol Andresk, Brian Andreski's parents and the owners of the Douglas Skater; and Sullot Corp. d/b/a/ Albatross ("Sullot"), another bar, and its owner, James S. Mallott ("Mallott"), ...


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