Barclay Damon
Barclay Damon

Successful before New York State Appellate Division

Barclay Damon, LLP was recently successful before the New York State Appellate Division, Second Department on behalf of three large energy companies in a case involving federal preemption issues.  The plaintiff, who fell from a barge while working as a welder on the Gowanus Bay off the coast of Brooklyn, sued our clients, who were the alleged owners of the barge, in the Supreme Court, Kings County.  The complaint alleged violations of Sections 200, 240 and 241 of the New York Labor Law.   We moved for summary judgment on behalf of all three clients, arguing that (1) the Longshore and Harbor Workers’ Compensation Act [“LHWCA”] preempted Sections 240 and 241 because the alleged incident occurred on a vessel located on navigable waters, and (2) that our clients never supervised or directed the plaintiff’s work and thus could not be held liable under Section 200.  The Supreme Court of Kings County agreed, granting summary judgment in its entirety and dismissing the plaintiff’s complaint.  The plaintiff then appealed to the Appellate Division, Second Department, which affirmed the decision of the Supreme Court.   The text of the decision can be found here: http://www.nycourts.gov/reporter/3dseries/2012/2012_05802.htm

 

 

For More Information on Barclay Damon's Torts & Products Liability Defense Practice Area:

Matthew Larkin

p: 315-425-2805

f: 315-703-6247

icon_emailmlarkin@barclaydamon.com

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