Cammon v. City of New York

We concur with the majority insofar as it holds that maritime law does not preempt *591Labor Law § 200 or § 241 (6). In our view, however, maritime law preempts Labor Law § 240 (1) and we therefore dissent in part.

As a threshold matter, admiralty jurisdiction exists in this case (see, Jerome B. Grubart, Inc. v Great Lakes Dredge & Dock Co., 513 US 527). Plaintiff was injured as he stood on a “float stage” in navigable waters. At the time of the accident, plaintiff was repairing a wood fender system on a pier extending over the East River. The City of New York owned the pier and used it in…