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CAMMON v. CITY OF NY

260 A.D.2d 70 (1999)

700 N.Y.S.2d 110

WILLIE CAMMON, Appellant, v. CITY OF NEW YORK et al., Respondents. ANJAC ENTERPRISES, INC., Third-Party Plaintiff, v. MACRO ENTERPRISES, INC., Third-Party Defendant.

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

December 2, 1999.

Attorney(s) appearing for the Case

Paul T. Hofmann of counsel (Cappiello Hofmann & Katz, P. C., attorneys), for appellant.

Irwin H. Haut of counsel (Morris, Duffy, Alonso & Faley, L. L. P., and Thomas Leonard, attorneys), for respondents.

William M. Kimball (James P. O'Connor on the brief), for third-party defendant.

ROSENBERGER, J. P., MAZZARELLI, ANDRIAS and SAXE, JJ., concur.

OPINION OF THE COURT

NARDELLI, J.

We decide in this appeal that this State's Labor Law's strict liability provisions have not been preempted by the Federal maritime law and that New York State has the right to continue to regulate safe construction practices in its navigable waters concurrently with the application of the Federal maritime law.

Plaintiff Willie Cammon is a construction worker who was employed by third-party defendant Macro Enterprises...

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