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CAMMON v. CITY OF NEW YORK

95 N.Y.2d 583 (2000)

744 N.E.2d 114

721 N.Y.S.2d 579

WILLIE CAMMON, Respondent, v. CITY OF NEW YORK, Appellant, and ANJAC ENTERPRISES, INC., Defendant and Third-Party Plaintiff-Appellant. MACRO ENTERPRISES, INC., Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided December 21, 2000.

Attorney(s) appearing for the Case

Morris, Duffy, Alonso & Faley, L. L. P., New York City (Pauline E. Glaser and Yolanda L. Himmelberger of counsel), for appellant and defendant and third-party plaintiff-appellant.

William M. Kimball, New York City, James P. O'Connor and Gladys Carbuccia for third-party defendant-appellant.

Cappiello Hofmann & Katz, P. C., New York City (Paul T. Hofmann of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK and WESLEY concur with Judge SMITH; Judge ROSENBLATT dissents in part and votes to modify in a separate opinion in which Judge LEVINE concurs.

OPINION OF THE COURT

SMITH, J.

The central issue here is whether Federal maritime law preempts New York Labor Law §§ 200, 240 (1) and § 241 (6).

Plaintiff Willie Cammon, a foreman dock builder, was injured while repairing a wood fender system1 at the South Bronx Marine Transfer Station, also known as the Hunts Point Sanitation Department Transfer Station. New York City owns and operates the Marine Transfer...

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