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LEE v. ASTORIA GENERATING CO.

No. 161

13 N.Y.3d 382 (2009)

892 N.Y.S.2d 294

JAMES D. LEE, Respondent, v. ASTORIA GENERATING COMPANY, L.P., et al., Appellants/Third-Party Plaintiffs-Appellants. ELLIOTT TURBOMACHINERY CO., INC., et al., Third-Party Defendants-Appellants.

Court of Appeals of New York.

Decided November 23, 2009.

Attorney(s) appearing for the Case

Mauro Goldberg & Lilling LLP, Great Neck (Barbara D. Goldberg and Deborah F. Peters of counsel), and Robin Harris King & Fodera for appellants/third-party plaintiffs-appellants.

Hofmann & Associates, New York City (Paul T. Hofmann of counsel), for respondent.

Lester Schwab Katz & Dwyer, LLP, New York City (Curt J. Schiner, John Sandercock and Steven B. Prystowsky of counsel), for third-party defendants-appellants.

Judges GRAFFEO, READ, SMITH and PIGOTT concur with Judge JONES; Judge CIPARICK dissents and votes to affirm in a separate opinion in which Chief Judge LIPPMAN concurs.

OPINION OF THE COURT

JONES, J.

In this appeal, we are called upon to determine whether a barge containing an electricity generating turbine is a vessel under the Longshore and Harbor Workers' Compensation Act (LHWCA) (33 USC § 905 [b]) and whether that provision preempts New York State Labor Law § 240 (1) and § 241 (6) claims. We hold that the barge is a vessel and plaintiff's Labor Law §...

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