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PASTORINO v. CITY OF NEW YORK

154450/13. 595059/16. 595385/18. Appeal No. 13057. Case No. 2020-02472.

191 A.D.3d 440 (2021)

142 N.Y.S.3d 7

2021 NY Slip Op 00634

Joseph Pastorino, Appellant-Respondent, v. City of New York, Respondent, and Commodore Maintenance Corp., Respondent-Appellant/Third-Party Plaintiff-Respondent-Appellant. Ocean Marine Development Corp., Third-Party Defendant-Respondent. (And Another Third-Party Action.).

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

Hofmann & Scheitzer, New York ( Timothy F. Schweitzer of counsel), for appellant-respondent.

Bleakley Platt & Schmidt, LLP, White Plains ( Vincent W. Crowe of counsel), for respondent-appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for The City of New York, respondent.

Kaufman Dolowich Voluck LLP, Woodbury ( Roland A. Vitanza of counsel), for Ocean Marine Development Corp., respondent.

Concur—Manzanet-Daniels, J.P., Singh, Kennedy, Mendez, JJ.

Plaintiff, a dock builder foreman employed by defendant Commodore, was allegedly injured while attempting to ascend from a tugboat onto a barge by stepping on a tire that was hanging from the barge. Commodore contracted with the City to perform construction work on the Broadway Bridge spanning the Harlem River, and leased the tugboat from its owner, OMDC, to perform the work. It is undisputed that the tugboat was a vessel covered by the Longshore and Harbor Workers' Compensation...

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