Judge Philip Straniere
Claimant Balzano sued Kutchytska arguing her negligence caused damage to his boat in this small claims action arising from the aftermath of Superstorm Sandy. Kutchytska counterclaimed for damages to her property caused by claimant’s boat. Balzano alleged his boat, which he discovered 10 days after the storm, was involuntarily transported as a result of the storm and wound up on Kutchytska’s premises. He returned in a few days finding the boat was removed from its original resting place and the hull, rudder and transom were damaged over and above the minimal damage the storm caused. Neither Kutchytska nor third-party defendant acknowledged moving the vessel. The court concluded there was no abandonment of the vessel under maritime law standards, yet under maritime law, the owner of a moored vessel which broke away from its moorings was presumed to be at fault. It ruled claimant failed to establish he was entitled to the defense of a force of nature causing the occurrence asserted on defendant’s counterclaim, finding also that he failed to overcome the presumption of negligence arising from an “allision”—an accident between a moving vessel and a stationary object. Thus, Balzano’s cause of action was dismissed.