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IN RE CITY OF NEW YORK v. AGNI

Docket No. 07-1251-cv.

522 F.3d 279 (2008)

In re CITY OF NEW YORK, as owner and operator of the M/V Andrew J. Barberi, Petitioner-Appellant, v. Shiram Agni, et al., Respondent-Third-Party-Plaintiffs-Appellees, v. Iris Weinshall, et al., Third-Party-Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: March 27, 2008.

Attorney(s) appearing for the Case

Wayne D. Meehan (Gina Venezia, of counsel) Freehill Hogan & Mahar LLP, New York, New York, for Petitioner-Appellant.

James E. Ryan, Dougherty Ryan Giuffra Zambito & Hession, New York, N.Y. (John J. Hession, Jeffrey S. Moller, Anthony Bisignano, of counsel), for Respondents-Third-Party-Plaintiffs-Appellees.

Before: SACK, KATZMANN, and RAGGI, Circuit Judges.

KATZMANN, Circuit Judge.

This case arises out of the Staten Island Ferry's crash into a maintenance pier on October 15, 2003. It calls on us to determine whether the City of New York's practice of allowing the Staten Island Ferry to be operated with only a single pilot in the pilothouse necessarily meets the standard of reasonable care as a matter of law. The City, as owner and operator of the ferry, appeals from a decision...

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