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SCHNAPP v. MILLER'S LAUNCH

115059/08, 2656.

150 A.D.3d 32 (2017)

2017 NY Slip Op 02172

49 N.Y.S.3d 449

WAYNE SCHNAPP, Appellant, v. MILLER'S LAUNCH, INC., Respondent.

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

Decided March 23, 2017.

Attorney(s) appearing for the Case

Hofmann & Schweitzer, New York City ( Paul T. Hofmann of counsel), for appellant.

Rubin, Fiorella & Friedman, LLP, New York City ( Michael Evan Stern and Joseph R. Federici of counsel), for respondent.

MAZZARELLI, FEINMAN and WEBBER, JJ., concur with ACOSTA, J.P.; ANDRIAS, J., dissents in a separate opinion.

OPINION OF THE COURT

This action seeks damages for personal injuries allegedly suffered by plaintiff Wayne Schnapp when he embarked upon a vessel by jumping from a bulkhead approximately 40 inches from the deck of the vessel. The appeal raises issues about the various duties that a vessel owner owes a harbor worker asserting...

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