This section contains the nature of the case and procedural background.

P was injured at a stag party held onboard a barge owned by Ds. The barge was anchored near the shoreline of Irondequoit Bay. The depth of the water was approximately two feet. Several guests began 'skinny dipping.' Some in the party began to throw others still clothed off the bow into the water. Two or more individuals escorted P to the bow and sent threw him overboard. This resulted injury to his spinal cord. P’s complaint alleged concerted action by all Ds. John Hauck's motion for dismissal was granted, but those of Michael Hauck, Thomas Hauck, and Timothy Di Mino were denied. The court also granted James Hauck's motion for dismissal of the complaint, summary judgment and dismissal of all cross-claims against him. P appealed.

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