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SAGARESE v. CITY OF NEW YORK

9538, 156846/14.

173 A.D.3d 435 (2019)

99 N.Y.S.3d 632

2019 NY Slip Op 04458

Frank Sagarese et al., Appellants, v. City of New York, Respondent.

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

Decided June 6, 2019.

The court properly granted defendant's motion for summary judgment dismissing so much of plaintiff's General Municipal Law § 205-e claim predicated on the Jones Act (46 USC § 30104 et seq.). Plaintiff, a land-based boat mechanic for the New York Police Department Harbor Unit, was not a "seaman" for purposes of the Jones Act (see Chandris, Inc. v Latsis, 515 U.S. 347, 368 [1995]).

The court should not have treated...

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