Legal Opinion
Lee v. Astoria Generating Co.
Appellate Division of the Supreme Court of the State of New York
Decided August 12, 2008PublishedCited by 2 opinions
1Opinion of the Court
*126OPINION OF THE COURT
Acosta, J.
The issue in this case is whether the barge containing an electricity generating turbine upon which plaintiff was working when he was injured, is a “vessel” under the Longshore and Harbor Workers’ Compensation Act (LHWCA) (33 USC § 901 et seq.), thereby precluding plaintiff from pursuing an action ultimately against defendants (collectively Astoria), the owners of the barge, other than for negligence. We hold that the barge was not a vessel, and therefore, plaintiffs Labor Law § 240 (1) and § 241 (6) claims against Astoria are not precluded by the LHWCA.…
2Cases cited29 opinions
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
- Scindia Steam Navigation Co. v. De Los SantosSupreme Court of the United States · 1981
- American Dredging Co. v. MillerSupreme Court of the United States · 1994
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3Cited by2 opinions
- Lee v. Astoria Generating Co.New York Court of Appeals · 2009
- Eldoh v. Astoria Generating Co., L.P.Appellate Division of the Supreme Court of the State of New York · 2011