O'Brien v. City of New York

MEMORANDUM AND ORDER

GLASSER, District Judge.

Plaintiff Peter O’Brien was injured while working as a Ferry Terminal Supervisor at the St. George Terminal of the Staten Island Ferry in Staten Island, New York. He commenced this personal injury action under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. § 901 et seq. Defendant City of New York (the “City”) moves to dismiss the complaint under Fed. *945R.Civ.P. 12(b)(6) for failure to state a claim for relief. Because the parties have submitted matters outside the pleadings, the City’s motion is converted to a Rule 56 motion…