Court of Appeals of New York

In an action for indemnification arising out of an accident that occurred on navigable waters, the Appellate Division's order reversing summary judgment for defendants is reversed where a barge containing an electricity generating turbine is a vessel under 33 U.S.C. section 905(b) of the Longshore and Harbor Workers' Compensation Act, and that provision preempted plaintiff's New York State Labor Law sections 240(1) and 241(6) claims.

Appellate Information

• Decided 11/23/2009
• Published 11/23/2009

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Court

• Court of Appeals of New York

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