On February 4, 2021, Vincent W. Crowe prevailed on appeal following the lower Court\u2019s denial of Summary Judgment to the firm\u2019s longstanding client, Commodore Maintenance Corp. See Pastorino v. New York City, Commodore Maintenance, 2021 N.Y. Slip Op. 00634 (App. Div. 1st Dept.). In Pastorino, plaintiff, a dock builder working on the Broadway Bridge connecting Manhattan and the Bronx was injured while climbing from a tug onto a barge. Plaintiff asserted a Longshore and Harbor Workers\u2019 Compensation Act (LHWCA) claim against Commodore and Labor Law claims against the City of New York.<\/p>\n
The Appellate Division reversed the Supreme Court, New York County Decision and determined that Commodore Maintenance Corp. was not liable to plaintiff under the LHWCA (33 U.S.C. \u00a7905) as it did not qualify as a \u201cbareboat\u201d charterer. The Court determined that the charter agreement between Commodore and third-party defendant Ocean Marine did not provide for the complete and exclusive relinquishment of possession and control to Commodore of the tug involved in plaintiff\u2019s accident. In addition, all crossclaims against the City of New York were dismissed under the \u201canti-subrogation\u201d rule and third-party defendant Ocean Marine\u2019s counterclaims were dismissed.<\/p>\n","protected":false},"excerpt":{"rendered":"
On February 4, 2021, Vincent W. Crowe prevailed on appeal following the lower Court\u2019s denial of Summary Judgment to the firm\u2019s longstanding client, Commodore Maintenance Corp. See Pastorino v. New York City, Commodore Maintenance, 2021 N.Y. Slip Op. 00634 (App. Div. 1st Dept.). In Pastorino, plaintiff, a dock builder working on the Broadway Bridge connecting […]<\/p>\n","protected":false},"author":6,"featured_media":3573,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-3902","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"acf":[],"yoast_head":"\n