Legal Opinion

Buccellato v. City of New York

District Court, E.D. New York

Decided December 28, 1992No. CV-90-3464PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

GLASSER, District Judge.

Plaintiff Frank Buccellato was injured while working at a sanitation unloading facility in Staten Island. He commenced this personal injury action under the Jones Act. Defendant City of New York moves for summary judgment on the ground that plaintiff is not a seaman under the Jones Act. For the following reasons, defendant’s motion is denied.

FACTS

This case involves a fleet of barges owned by defendant City of New York. The barges are used to “transport city refuse on the navigable waters in and around the Port of New York, from certain Marine…

2Cases cited21 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. McDermott International, Inc. v. WilanderSupreme Court of the United States · 1991
  3. Offshore Co. v. RobisonCourt of Appeals for the Fifth Circuit · 1959
  4. Burlington Coat Factory Warehouse Corporation v. Esprit De Corp. And Federated Department Stores, Inc.Court of Appeals for the Second Circuit · 1985
  5. Southwest Marine, Inc. v. GizoniSupreme Court of the United States · 1991

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3Cited by7 opinions

  1. Antonios Latsis v. Chandris, Inc., Chandris, S.A., Trans Oceanic Shipping Co., Ltd.Court of Appeals for the Second Circuit · 1994
  2. Nielsen v. Weeks Marine, Inc.District Court, E.D. New York · 1995
  3. Smith v. Lone Star Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Tonnesen v. Yonkers Contracting Co.District Court, E.D. New York · 1994
  5. Sala v. Gates Construction Corp.District Court, E.D. New York · 1994

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