Legal Opinion
Vargas v. American Export Lines, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 12, 1985PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Kassal, J.
The issue on the appeal is the construction to be accorded to the “Exclusiveness of liability” provisions of the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA), 33 USC § 905 (a), (b), in terms of whether the fourth-party complaint states a valid cause of action for indemnity against *350plaintiff’s employer, which had paid compensation benefits. Special Term denied the motion to dismiss, pursuant to CPLR 3211 (a) (7), holding that while the statute barred a claim over by a vessel against a compensation-paying employer, it did not preclude the assertion…
2Cases cited10 opinions
- 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
- Garrett v. Moore-McCormack Co.Supreme Court of the United States · 1942
- Halcyon Lines v. Haenn Ship Ceiling & Refitting Corp.Supreme Court of the United States · 1952
- Cooper Stevedoring Co. v. Fritz Kopke, Inc.Supreme Court of the United States · 1974
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Stuto v. Coastal Dry Dock & Repair Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Vargas v. American Export Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1990