OLSEN v. MILLER MAR. SERV.


6 Misc.3d 932 (2004)

792 N.Y.S.2d 313

JOHN OLSEN, Plaintiff, v. JAMES MILLER MARINE SERVICE, INC., et al., Defendants.

Supreme Court, New York County.

November 16, 2004.


Attorney(s) appearing for the Case

Kenny, Stearns & Zonghetti, LLC, New York City (John V. D'Amico of counsel), for Reicon Group Inc. and another, defendants.

Morris, Duffy, Alonso & Faley, New York City (Anna J. Ervolina of counsel), for D'Onofrio General Contracting Corp. and others, defendants.

Rubin & Fiorella, LLP, New York City (Edward Kenny of counsel), for James Miller Marine Service, Inc., defendant.

Cappiello, Hoffmann & Katz, P.C., New York City (Paul Hoffman of counsel), for plaintiff.


OPINION OF THE COURT

ALICE SCHLESINGER, J.

Plaintiff commenced this action for damages based on injuries he allegedly sustained in 1998 while working on a barge docked in the East River as part of a Consolidated Edison (Con Ed) project to repair its pier there. He seeks, among other things, to recover for loss of income under the federal Longshore and Harbor Workers' Compensation Act (LHWCA). Defendants Reicon...

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