TORRES v. CITY OF NEW YORK


177 A.D.2d 97 (1992)

Angel Torres et al., Appellants, v. City of New York et al., Respondents and Third-Party Plaintiffs-Respondents. Coastal Dry Dock & Repair Corp., Third-Party Defendant-Respondent

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

February 24, 1992


Attorney(s) appearing for the Case

Schneider, Kleinick & Weitz, P. C. (Brian J. Shoot, Ivan S. Schneider and Gary Ehrlich of counsel), for appellants.

O. Peter Sherwood, Corporation Counsel (Kristin M. Helmers and Margaret G. King of counsel), for City of New York, respondent.

Morris & Duffy (Irwin H. Haut, Patricia D'Alvia and Joseph T. Glynn of counsel), for Brooklyn Navy Yard Development Corporation, third-party plaintiff-respondent.

Marchisello & Doody (Herzfeld & Rubin, P. C. [Herbert Rubin and David B. Hamm] of counsel), for Coastal Dry Dock & Repair Corp., third-party defendant-respondent.

THOMPSON, J. P., SULLIVAN and LAWRENCE, JJ., concur.


BRACKEN, J.

In determining whether or not this personal injury action falls within Federal maritime jurisdiction, we must resolve two issues. First, we must decide whether the wrong "occurred on navigable waters" (Executive Jet Aviation v City of Cleveland, 409 U.S. 249, 253). Second, we must assess whether there is "some relationship between the tort and

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