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CALCATERRA v. CITY OF NEW YORK

45 A.D.3d 270 (2007)

845 N.Y.S.2d 22

JOSEPH CALCATERRA, Respondent, v. CITY OF NEW YORK, Defendant, and SPEARIN, PRESTON & BURROWS, INC., Appellant.

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

Decided November 1, 2007.

Plaintiff qualified as a seaman under the Jones Act (46 USC § 30104 [a], formerly 46 USC Appendix § 688 [a]). He was employed by SPB, a marine construction company, in connection with the installation of a sewer main under Eastchester Bay, from Throgs Neck to City Island, a distance of approximately a mile and a half. Using barges equipped with cranes, plaintiff's crew drove vertical interlocking steel sheets into the seabed to define a trench area, a second barge...

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