Do not worry

Shirley, NY

#532 Nov 29, 2012
ha ha ha wrote:
i read in newsday today that gary did not have flood insurance on his marina. how is a marina allowed to operate without flood insurance? it seems a little ridiculous that it is not required by law to have flood insurance at a marina.
If this is true and he did not have flood insurance then he is not a smart business person.
But look at it this way, this man is making decisions that will affect the lives of the people living in the village for years to come,makes you wonder.
Brady

East Moriches, NY

#533 Nov 29, 2012
Are you confusing business liability, which is clearly a necessity, from flood insurance? Flood insurance would not cover property owned by others. it's the same with a landlord. if a landlord has flood insurance, it does not cover the tenant's contents. I wonder why MBV Lifer's homeowner's insurer would require flood insurance since that would be a risk they would not be insuring. The bank holding the mortgage would have an insurability interest and would demand flood insurance were you in a designated flood area.
Lamo

Mastic Beach, NY

#534 Nov 29, 2012
Brady wrote:
<quoted text>You seem angry. Why am I not entitled to my opinion? Maybe I really do care for his safety. I also heard the county land next to his is a habitat for the piping plover and the tiger salamander.(But I know you will think that's lame too!)
Not at all. I just want to know why you think Bruce should not get a permit? Thats all. You make a statement like "it's lame to think Bruce will get a permit to fix his foundation" and then nothing else. Should it be lame for Gary to get a permit to rebuild also? Is it fine for one and not the other? And I really think it's funny the way you keep saying "you sound angry", "you sound agitated". What a joke! If anything I find it funny that you are so supportive of a group of corrupt "leaders" in our village who have done nothing but lie to form a government, lie to hire their friends and family, lie about the cost of our taxes and payroll and do nothing but pass laws that benefit them both personally and financially. It's funny how much you defend them just to say that you live in a village! You ARE lame!

So, why don't you man up and give a real reason why Bruce should NOT be able to rebuild his house BUT Gary should be able to rebuild his? Lamo
Brady

East Moriches, NY

#535 Nov 29, 2012
It really does not matter if he gets his permit...it is not up to me. I don't think he should be able to build unless he follows the setback , gets cesspools over sea level and raises his first floor . But, I do not make any decisions. I may be reacting to being called lamo...
KeelhauledByInsu rance

Mastic Beach, NY

#536 Nov 29, 2012
Gary doesn't need flood insurance. He also doesn't "need to resign". There are still some people in America who decide for themselves. That includes possibly dying in a hurricane, or declining to pay a kings ransom for "flood insurance" to a bunch of frauds who probably won't pay.That's the difference between a leader and the rest of the sheep who do what they are told without question.
ha ha ha

Dobbs Ferry, NY

#537 Nov 29, 2012
KeelhauledByInsurance wrote:
Gary doesn't need flood insurance. He also doesn't "need to resign". There are still some people in America who decide for themselves. That includes possibly dying in a hurricane, or declining to pay a kings ransom for "flood insurance" to a bunch of frauds who probably won't pay.That's the difference between a leader and the rest of the sheep who do what they are told without question.
i agree that the sheep followed the mbvec's vision of the village and voted yes. they were lied to and now everyone knows it. that's the definition of a sheep. blindly following without the FACTS
Keelhauled

Mastic Beach, NY

#538 Nov 29, 2012
ha ha ha wrote:
<quoted text>i agree that the sheep followed the mbvec's vision of the village and voted yes. they were lied to and now everyone knows it. that's the definition of a sheep. blindly following without the FACTS
They even have a "sheep app" now. No need to even think anymore. Just plug in and follow...
Victor zeleny

Brooklyn, NY

#539 Nov 29, 2012
When you have no morgage it is up to you if you want flood ins or not so gary choose not
Keelhauled

Mastic Beach, NY

#540 Nov 29, 2012
The insurance company wants 3k a year for flood insurance. If I pay them for 10 years that's 30k. Then Sandy hits. They came to my friends house and you know what the flood insurance agent said? "That's not flood damage. That's your homeowners policy." Homeowners agent said, "that's flood damage". They both said "sue us" and left my friend hanging after paying in over 30k for flood since he bought his house.

Since: Mar 12

Mastic Beach

#541 Nov 29, 2012
Brady wrote:
Are you confusing business liability, which is clearly a necessity, from flood insurance? Flood insurance would not cover property owned by others. it's the same with a landlord. if a landlord has flood insurance, it does not cover the tenant's contents. I wonder why MBV Lifer's homeowner's insurer would require flood insurance since that would be a risk they would not be insuring. The bank holding the mortgage would have an insurability interest and would demand flood insurance were you in a designated flood area.
Did I make a comment about homeowners/flood insurance that I forgot about? I don't have flood insurance, I'm not in a flood zone for it to be required. Just curious why I was called into the conversation.....
Brady

East Moriches, NY

#542 Nov 29, 2012
MB Lifer - Anti_Village wrote:
<quoted text>
Did I make a comment about homeowners/flood insurance that I forgot about? I don't have flood insurance, I'm not in a flood zone for it to be required. Just curious why I was called into the conversation.....
Sorry, I t should have been directed to Beachman.

Since: Mar 12

Mastic Beach

#544 Nov 29, 2012
Brady wrote:
<quoted text>Sorry, I t should have been directed to Beachman.
I met a woman the day after Sandy who didn't have flood insurance b/c she doesn't have a mortgage...the tidal surges put 3 feet of water in her house. I feel bad for her, she's an older woman...she's a "summer person" & her house is not on the Bay....it's just about @ the corner of Lincoln & Elm...one house south of Elm. In all the years her/her family has owned the house, the water has never come up that high.
Keelhauled

Mastic Beach, NY

#545 Nov 29, 2012
Just watched ch 12 and the insurance companies are telling people in Massapequa who have flood insurance that there is "no timetable" for them to get a check. One guy had to spend 12k out of his pocket to get a new boiler because the insurance company is now making people wait instead of cutting checks like they should.
http://www.news12.com/articleDetail.jsp...
opps I forgot my insuranc

Shirley, NY

#546 Nov 29, 2012
KeelhauledByInsurance wrote:
Gary doesn't need flood insurance. He also doesn't "need to resign". There are still some people in America who decide for themselves. That includes possibly dying in a hurricane, or declining to pay a kings ransom for "flood insurance" to a bunch of frauds who probably won't pay.That's the difference between a leader and the rest of the sheep who do what they are told without question.
Remember Gary lost every thing and he has no insurance he must have lost his truck because he is using a village one. I don't think he should resign ether because he will be voted out in March 2013.
And what about the customers calling him for their boats that can't be found?
Will he pay them for the lost with his "no insurance"?
Keelhauled

Mastic Beach, NY

#547 Nov 29, 2012
opps I forgot my insuranc wrote:
<quoted text> Remember Gary lost every thing and he has no insurance he must have lost his truck because he is using a village one. I don't think he should resign ether because he will be voted out in March 2013.
And what about the customers calling him for their boats that can't be found?
Will he pay them for the lost with his "no insurance"?
Does this mean you're running and you're going to be driving Garys truck in March? I don't think any boats were "lost".They were all found a bit inland from where they were before Sandy. Lots of people lost "everything". Now it's time to rebuild. Gary included.

Since: Aug 12

Location hidden

#548 Nov 29, 2012
opps I forgot my insuranc wrote:
<quoted text> Remember Gary lost every thing and he has no insurance he must have lost his truck because he is using a village one. I don't think he should resign ether because he will be voted out in March 2013.
And what about the customers calling him for their boats that can't be found?
Will he pay them for the lost with his "no insurance"?
They will have to go through thier insurance . The company will do a field survey and determine that Gary was a bailment for hire . He had fore warning and a prudent person would expect that a storm incoming can cause massive damage. With that he will be on the hook for the value of the boat at the time of loss. If Gary goes through any business insurance he company will exclude and deny the claim . That will not be a covered loss as he was negligent and had no permitted use to store . A simple foil to TOB for the site plan will show that. Anyone whom had a loss can simply go to small claims if they had no boat insurance a set a claim under bailment for hire . If needed will post the law and no payment is made on any ones boat will draft the motion for summary judement if needed . Village attorney will be doing some pro bono work i expect
Brady

East Moriches, NY

#549 Nov 30, 2012
Bently Benard Baxter wrote:
<quoted text>They will have to go through thier insurance . The company will do a field survey and determine that Gary was a bailment for hire . He had fore warning and a prudent person would expect that a storm incoming can cause massive damage. With that he will be on the hook for the value of the boat at the time of loss. If Gary goes through any business insurance he company will exclude and deny the claim . That will not be a covered loss as he was negligent and had no permitted use to store . A simple foil to TOB for the site plan will show that. Anyone whom had a loss can simply go to small claims if they had no boat insurance a set a claim under bailment for hire . If needed will post the law and no payment is made on any ones boat will draft the motion for summary judement if needed . Village attorney will be doing some pro bono work i expect
Wow, you must have taken Business Law 1. Did it ever occur to you that renters at any marina (not to just single out Gary's) probably signed a waiver of some kind. And, damage from an Act of God is usually NOT the responsibility of the property owner.

Here is a case citation:

A contract in which the bailor agrees to pay an adequate recompense for the safe-keeping of the thing intrusted to the custody of the bailee, and the bailee agrees to keep it and restore it on the request of the bailor, in the same condition substantially as he received it, excepting injury or loss from causes for which he is not responsible.
Arent v. Squire, 1 Daly (N. Y.) 350.

Read more: What is BAILMENT FOR HIRE? definition of BAILMENT FOR HIRE (Black's Law Dictionary)

Since: Aug 12

Location hidden

#550 Nov 30, 2012
Your argument hold no water like the boats in the marsh,. Negligence like if Gary parked the boat under a big oak tree leaning . The tree company says this could fall within the next 4 days and precautions should be taken to place the boat it a position clear of the tree. He does nothing and the tree falls on boat and he claims its a act of god. Wrong answer absolutly liable . The joke is that every time something happens those that do not know the law will say act of god - not a valid claim nor ever was.

Since: Aug 12

Location hidden

#551 Nov 30, 2012
Here is the opinion and also all the case law for those act of God people, Those case laws noted is what can be cited in any action infront of a judge or simply print out this response and hand it to the judge so that you can best put forth your case in the absense of attorney.
A bailment is the delivery of a personal property by a bailor to a bailee. The bailee keeps the property in trust for a specific purpose. The foundation of a bailment lies in the contract entered into between the bailor and the bailee. The agreement of the parties may be express, implied or quasi and constructive[i]. The property must be returned when the special purpose is accomplished or until the bailor reclaims it[ii].
In a suit for damages to a boat left with a person for repair or storage, the relevant law is the law of bailments. Where bailment is for the mutual benefit of the parties, the bailee is to exercise ordinary and reasonable care in protecting the boat. A bailee’s duty to protect a ship changes automatically after termination of the bailment. A bailee is liable for damage to the boat due to his/ her willful and gross negligence.
The liability of a bailee is determined in accordance with the contractual benefit arising from the bailor-bailee relation. When bailment is for mutual benefit, a bailee is to take reasonable care and caution[iii]. Thus a bailee who rented a boat from a boat livery operator should exercise ordinary and due care in the use of the boat. However, if the bailment is for the sole benefit of the bailee, the bailee is to exercise extraordinary care. When a bailment is for the sole benefit of the bailor, it is a gratuitous bailment and the bailee is only liable if he/she is guilty of gross negligence[iv].
The rights, duties, and liabilities of a bailor and a bailee must be determined from the terms of the contract between the parties, whether express or implied. Thus, a bailee is liable for loss resulting from the breach of his contract to keep the property in a particular manner or at a particular place[v]. Thus, in bailments for the sole benefit of the bailor, the bailee will be liable only for gross negligence. In bailments for the mutual benefit of both the parties, he/she will be liable for ordinary negligence. In bailments for the exclusive benefit of the bailee, he/she will be liable even for slight negligence[vi]. However, in the absence of a specific statute or an express contract, the bailee is not an insurer and is liable only for such loss or damage to the property as proximately results.
Liability for negligence is based upon conduct involving unreasonable risk to another. Negligence must be established by affirmative evidence tending to show that such the conduct exercised fell below the standard represented by the conduct of reasonable men under same or similar circumstances. In circumstances where loss or damage resulted from fire, theft or disappearance, storm, sinking, or fall, liability has been imposed on the operator of a marina or boatyard for loss of or damage to a pleasure boat left for storage or repairs.
[i] Adair v. Roberts, 276 S.W.2d 565 (Tex. Civ. App. Texarkana 1955)
[ii] Weinberg v. Wayco Petroleum Co., 402 S.W.2d 597, 599 (Mo. Ct. App. 1966)
[iii] Millers Mut. Ins. Ass’n v. Atkinson Motors, Inc., 240 N.C. 183 (N.C. 1954)
[iv] Rosen v. Village Chevrolet, Inc., 63 Misc. 2d 174, 176 (N.Y. Civ. Ct. 1970)
[v] Bozell & Jacobs, Inc. v. Blackstone Terminal Garage, Inc., 162 Neb. 47 (Neb. 1956)
[vi] Hanes v. Shapiro & Smith, 168 N.C. 24 (N.C. 1915)
[vii] McKissick v. R. Connelly Jewelers, Inc., 41 N.C. App. 152 (N.C. Ct. App. 1979)
[viii] Buntin v. Fletchas, 257 F.2d 512 (5th Cir. Miss. 1958
[ix] Fidelity & Guaranty Ins. Corp. v. Ballon, 280 A.D. 373 (N.Y. App. Div. 1952)
[x] Seaboard Sand & Gravel Corp. v. Elmhurst Contracting Co., 159 F.2d 860 (2d Cir. N.Y. 1947)
[xi] Richmond Sand & Gravel Corp. v. Tidewater Constr. Corp., 170 F.2d 392 (4th Cir. Va. 1948)
Lamo

Mastic Beach, NY

#552 Nov 30, 2012
KeelhauledByInsurance wrote:
Gary doesn't need flood insurance. He also doesn't "need to resign". There are still some people in America who decide for themselves. That includes possibly dying in a hurricane, or declining to pay a kings ransom for "flood insurance" to a bunch of frauds who probably won't pay.That's the difference between a leader and the rest of the sheep who do what they are told without question.
Yes. And the SHEEP voted in a village and a group of "leaders" who are trying to be dictators. The sheep already spoke and we all are paying for it now. Yes, Gary should resign for illegally hiring his family and bullying the trustees to vote for anything he wants. He used his position of power to illegally store boats in the wetlands. How many of them floated away because of improper storage? Now he's decided to close off a PUBLIC road with village barriers and a boat lifter and will not allow anyone to drive by his private property! I wish I could do that, it would keep the drug dealers off my street. But I don't have that ability, only Gary does. It's good to be the dictator. And you sheep just let him do it and smile.

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