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AMERICAN PETROLEUM AND TRANSPORT v. NEW YORK CITY

No. 12-4505-CV.

737 F.3d 185 (2013)

AMERICAN PETROLEUM AND TRANSPORT, INC., Plaintiff-Appellant, v. CITY OF NEW YORK, Department of Transportation of the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 6, 2013.

Attorney(s) appearing for the Case

James M. Maloney , Port Washington, NY (Law Office of James M. Maloney, Port Washington, NY, on the brief), for Appellant.

Michael J. Pastor , Senior Counsel, New York, NY, ( Michael A. Cardozo , Corporation Counsel of the City of New York, Kristin Helmers , Corporation Counsel of the City of New York, New York, NY, on the brief), for Appellees.

Before: NEWMAN, RAGGI, and LYNCH, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

The issue on this appeal is whether, under maritime law, an owner of a vessel may be awarded damages for economic loss due to negligence in the absence of physical damage to its property. For many years a number of courts have derived from the Supreme Court's opinion in Robins Dry Dock & Repair Co. v. Flint, 275 U.S. 303, 48 S.Ct. 134, 72 L.Ed. 290 (1927), a "rule" prohibiting such damages. Plaintiff...

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