Schnapp v. Miller's Launch, Inc., 98 N.E.3d 720, 74 N.Y.S.3d 804, 31 N.Y.3d 1001 (2018)

April 26, 2018 · New York Court for the Correction of Errors · No. 87 SSM 43

98 N.E.3d 720, 74 N.Y.S.3d 804, 31 N.Y.3d 1001

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

No. 87 SSM 43

Court of Appeals of New York.

Decided April 26, 2018

Rubin, Fiorella & Friedman LLP, New York City (Michael E. Stern and James E. Mercante of counsel), for appellant.

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

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11 ), order affirmed, with costs, and certified question answered in the affirmative. Triable issues of fact exist as to whether defendant Miller's Launch, Inc. breached a duty of care it owed to plaintiff Wayne Schnapp pursuant to the Longshore and Harbor Workers' Compensation Act ( 33 USC § 905 [b] ).

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur.

Judge Feinman took no part.