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VARGAS v. AM. EXP. LINES

107 A.D.2d 349 (1985)

Jose Vargas, Plaintiff, v. American Export Lines, Inc., Defendant American Export Lines, Inc., Third-Party Plaintiff, v. Universal Maritime Service Corp., Third-Party Defendant Universal Maritime Service Corp., Fourth-Party Plaintiff-Respondent, v. Portwide Cargo Securing Co., Fourth-Party Defendant, and A & G Maintenance Corp., Fourth-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 12, 1985

Attorney(s) appearing for the Case

Dennis Drucker of counsel (Raymond C. Green and Leonard M. Schnitzer with him on the brief; Raymond C. Green, attorney), for fourth-party defendant-appellant.

Charles L. Bach, Jr., of counsel (Bruce F. Gilpatrick with him on the brief; Heidell, Pittoni & Moran, P. C., attorneys), for fourth-party plaintiff-respondent.

SULLIVAN, J. P., ASCH and MILONAS, JJ., concur.

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 plaintiff's employer, which had paid compensation benefits. Special Term denied the motion to dismiss...

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