PEREIRA v. NAB CONSTRUCTION CORP.


256 A.D.2d 395 (1998)

681 N.Y.S.2d 583

FERNANDO PEREIRA et al., Respondents, v. NAB CONSTRUCTION CORP., Appellant. (And a Third-Party Action.)

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

Decided December 14, 1998.


Ordered that the order is affirmed, with costs.

The plaintiff Fernando Pereira was injured while preparing the Brooklyn Bridge for sandblasting and painting. At the time the injury occurred, he was working on beams on the bridge.

Since there is no logical connection between the alleged wrong and the navigable waters, we conclude that there is no maritime nexus and, therefore, no preemption of the Labor Law by the Federal Maritime Law (see, Tompkins v Port...

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