Lee v. Astoria Generating Company

2 Citing cases

  1. Lee v. Astoria Generating Co.

    2009 N.Y. Slip Op. 8669 (N.Y. 2009)   Cited 27 times
    Explaining that "whether section 905(b) applies in this case hinges upon whether the structure upon which plaintiff was injured is a vessel"; finding the barge was a vessel, the court noted that Congress's intent to preempt was "clear" and that plaintiff's state labor law claims against the vessel were preempted under § 905(b)

    APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered August 12, 2008. The Appellate Division (1) "reversed," on the law, an order of the Supreme Court, New York County (Carol R. Edmead, J.; op 2007 NY Slip Op 34371[U], which, insofar as appealed from, had granted the third-party defendants' motion for summary judgment dismissing the complaint and third-party complaint and granted the branch of defendants/third-party plaintiffs' cross motion that sought summary judgment dismissing the complaint; (2) denied the motion and cross motion for summary judgment dismissal, with the exception of the dismissal of plaintiff's common-law negligence claim and claim pursuant to Labor Law § 200; (3) reinstated plaintiff's claims pursuant to Labor Law § 240 (1) and § 241 (6); and (4) granted plaintiff partial summary judgment as to liability on his Labor Law § 240 (1) claim. The following question was certified by the Appellate Division: "Was the order of this Court, which reversed the order of Supreme Court, properly made?"

  2. Lee v. Astoria Generating Co.

    55 A.D.3d 124 (N.Y. App. Div. 2008)   Cited 8 times

    The order, insofar as appealed from, granted motions by defendants, the owners of the barge upon which plaintiff was working when he was injured, and by third-party defendants, plaintiff's employers, for summary judgment dismissing plaintiffs Labor Law claims. Lee v Astoria Generating Co., L.P., 2007 NY Slip Op 34371(U), reversed. Hofmann Associates, New York City ( Paul T. Hofmann and Timothy F. Schweitzer of counsel), for appellant.