Marston v. State

*726OPINION OF THE COURT

Frank P. Milano, J.

Defendants (hereafter defendant) move pursuant to CPLR 3212 and Canal Law § 120 for summary judgment dismissing the claim based upon its asserted immunity from liability regarding claimant’s wrongful death cause of action arising from an incident in which claimant’s decedent was swept over a dam while allegedly navigating a small motorboat in an area within the statutorily-defined canal waters of the Hudson River.

The claim alleges that claimant’s decedent, Jeffrey Harbison, died on November 17, 2009 when he and a fellow employee of URS Corporation were…