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TOMPKINS v. PORT OF N. Y. AUTH

217 A.D.2d 269 (1996)

638 N.Y.S.2d 94

Robert R. Tompkins, Respondent, v. Port of New York Authority, Appellant and Third-Party Plaintiff. Macro Enterprises, Ltd., Third-Party Defendant-Respondent

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

February 5, 1996

Attorney(s) appearing for the Case

Fiedelman & Hoefling, Jericho (Susan E. Lysaght of counsel), for appellant and third-party plaintiff.

Harvey S. Barer, Garden City, for respondent.

Ahmuty, Demers & McManus, Albertson (Frederick B. Simpson and Daniel J. Hansen of counsel), for third-party defendant-respondent.

MANGANO, P. J., SULLIVAN and HART, JJ., concur.

BRACKEN, J.

In this action to recover damages for personal injuries, we conclude (1) that there was both a maritime situs and a maritime nexus, (2) that these circumstances establish that the case falls within Federal maritime jurisdiction, (3) that we are therefore required to apply substantive Federal maritime law to this action, and (4) that the appellant, Port of New York Authority, has demonstrated its...

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