Cammon v. City of New York

744 N.E.2d 114, 95 N.Y.2d 583, 721 N.Y.S.2d 579, 2001 A.M.C. 977, 2000 N.Y. LEXIS 3902
CourtNew York Court of Appeals
DecidedDecember 21, 2000
StatusPublished
Cited by29 cases

This text of 744 N.E.2d 114 (Cammon v. City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cammon v. City of New York, 744 N.E.2d 114, 95 N.Y.2d 583, 721 N.Y.S.2d 579, 2001 A.M.C. 977, 2000 N.Y. LEXIS 3902 (N.Y. 2000).

Opinions

OPINION OF THE COURT

Smith, J.

The central issue here is whether Federal maritime law preempts New York Labor Law §§ 200, 240 (1) and § 241 (6).

Plaintiff Willie Gammon, a foreman dock builder, was injured while repairing a wood fender system1 at the South Bronx Marine Transfer Station, also known as the Hunts Point Sanitation Department Transfer Station. New York City owns and operates the Marine Transfer Station and contracted with defendant Anjac Enterprises, Inc. to repair structures at the facility. Anjac subcontracted the pier repair to third-party defendant Macro Enterprises, Ltd., plaintiffs employer. Macro agreed “to perform all work * * * strictly in conformance and compliance with all laws, rules, regulations, ordinances and statutes in force in the locality in which the work is located.”

[586]*586In order to repair the pier, plaintiff often worked from a float stage in navigable waters that was secured to the land-based transfer station. At the time of the accident, plaintiff was cutting timber from the bulkhead. While cutting, he had to reach above his head. Using a chain saw, he would cut a portion of the timber, attach the timber with a chain to a boom from a crane and then cut the remaining portion of the timber. The crane would then lift the timber and place it on a barge. Plaintiff had just cut a portion of the timber and attached the timber to the boom. He had not cut the remaining portion. A passing tugboat created turbulence that moved the crane bar and float stage. The timber, 12 inches by 12 inches by 12 feet and weighing 200 pounds, came loose from the bulkhead. While still attached to the boom, the timber swung about wildly, striking plaintiff first on the top of the head and then striking other parts of his body. As a construction worker “engaged in maritime employment” (33 USC § 902 [3]), plaintiff qualified and received compensation and medical benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) (33 USC § 901 et seq.).

Plaintiff commenced this action in Supreme Court, alleging violations of State Labor Law §§ 200, 240 (1) and § 241 (6) against the City of New York and the general contractor, Anjac. Specifically, paragraph 16 of the complaint alleges:

“The injury to plaintiff was caused by the negligence of the defendant and by its breach of the various provisions of Labor Law §§ 200, 240 and 241 and other federal, state and local statutes, ordinances and regulations.”

Anjac asserted a third-party complaint against plaintiff’s employer Macro, seeking contribution and indemnification.

The City and Anjac moved for summary judgment dismissing the complaint upon the ground that Federal maritime law preempts New York Labor Law. In the alternative, defendants moved for summary judgment on their contractual and common-law indemnification claims against third-party defendant Macro. Plaintiff cross-moved for partial summary judgment on liability on his Labor Law § 240 (1) and § 241 (6) claims. Supreme Court granted defendants’ motion for summary judgment to the extent of dismissing the complaint and denied plaintiff’s cross motion.

The Appellate Division reversed and reinstated the complaint, holding that plaintiff’s Labor Law causes of action were [587]*587not preempted by Federal maritime law. The Appellate Division subsequently granted the defendants and third-party defendant leave to appeal to this Court and certified the following question: “Was the order of this Court, which reversed the order of the Supreme Court, properly made?” We agree with the Appellate Division that, under the circumstances presented, plaintiffs Labor Law claims are not preempted.

Initially, the parties agree that there is admiralty subject matter jurisdiction over plaintiffs claims. The existence of admiralty jurisdiction, however, does not resolve the question of which substantive law to apply.

Defendants and third-party defendant (hereafter defendants) maintain that Federal maritime law should apply to the exclusion of plaintiffs Labor Law claims because maritime law does not generally impose liability without actual proof of negligence. New York State Labor Law § 240 (1), however, imposes strict liability upon an owner or contractor (see, Zimmer v Chemung County Performing Arts, 65 NY2d 513). Thus, defendants argue, to impose State liability standards where admiralty jurisdiction exists would disrupt the uniformity of Federal maritime law. In support, defendants rely on the First Department case, Tibak v City of New York (154 AD2d 313, lv denied 75 NY2d 705). In that case (unlike the present case), the First Department determined that the plaintiffs Labor Law claims were superseded by Federal admiralty law, and held that “the rights and liabilities of the parties under the general maritime law cannot be enlarged or impaired by State statute” (id., at 314). Defendants note that the Second Department has taken a similar view with respect to Labor Law § 240 in Eriksen v Long Is. Light. Co. (236 AD2d 439) and Rigopoulos v State of New York (236 AD2d 459).

In response, plaintiff argues that Federal maritime law does not preempt his Labor Law claims because there is no Federal law or interest directly impacted by their implementation. Consequently, plaintiff contends, uniformity of maritime law would not be affected by allowing State law claims here. Plaintiff also maintains that New York has an important interest in regulating safe construction practices within its borders and that there is a presumption against restricting exercise of its police powers to protect the health and safety of its citizens.

The fact that Federal maritime law is involved does not necessarily mean that State law is superseded. “The exercise of admiralty jurisdiction * * * ‘does not result in automatic [588]*588displacement of state law’ ” (Yamaha Motor Corp., U. S. A. v Calhoun, 516 US 199, 206). Thus, “Federal-court jurisdiction over such cases * * * has never been entirely exclusive” (American Dredging Co. v Miller, 510 US 443, 446). What is unclear is the extent to which State courts may apply their own law in maritime cases. In assessing whether the State rule is preempted, a number of factors may be considered, including whether the State rule conflicts with Federal law, hinders uniformity, makes substantive changes, or interferes with the characteristic features of maritime law or commerce (id., at 446, 447; Madruga v Superior Ct. of Cal., 346 US 556, 561; Southern Pac. Co. v Jensen, 244 US 205, 216).

Federal maritime law often encompasses State law (Yamaha Motor Corp., U. S. A. v Calhoun, 516 US 199, 206, supra). In Western Fuel Co. v Garcia (257 US 233), for example, the United States Supreme Court held that the widow of a maritime worker killed in California territorial waters could bring a wrongful death action in an admiralty court, reasoning that:

“The subject is maritime and local in character and the specified modification of or supplement to the rule applied in admiralty courts when following the common law, will not work material prejudice to the characteristic features of the general maritime law, nor interfere with the proper harmony and uniformity of that law in its international and interstate relations” (id., at 242).

Just a month later, in Grant Smith-Porter Ship Co. v Rohde

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Vinezia v. 701 Mar. LLC
2024 NY Slip Op 51697(U) (Piermont Village Court, 2024)
Pastorino v. City of New York
2021 NY Slip Op 00634 (Appellate Division of the Supreme Court of New York, 2021)
Pipia v. Turner Construction Co.
114 A.D.3d 424 (Appellate Division of the Supreme Court of New York, 2014)
Durando v. City of New York
105 A.D.3d 692 (Appellate Division of the Supreme Court of New York, 2013)
Lee v. Astoria Generating Co.
920 N.E.2d 350 (New York Court of Appeals, 2009)
Vasquez Ex Rel. Bautista v. GMD Shipyard Corp.
582 F.3d 293 (Second Circuit, 2009)
Lee v. Astoria Generating Co.
55 A.D.3d 124 (Appellate Division of the Supreme Court of New York, 2008)
Olsen v. James Miller Marine Service, Inc.
16 A.D.3d 169 (Appellate Division of the Supreme Court of New York, 2005)
McAllister v. G & S INVESTORS
358 F. Supp. 2d 146 (E.D. New York, 2005)
Pierno v. Mobil Oil Corp.
7 Misc. 3d 162 (New York Supreme Court, 2005)
Aguilar v. Henry Marine Service, Inc.
12 A.D.3d 542 (Appellate Division of the Supreme Court of New York, 2004)
Palanquet v. Weeks Marine, Inc.
333 F. Supp. 2d 58 (E.D. New York, 2004)
Sweeney v. City of New York
2004 NY Slip Op 24196 (New York Supreme Court, Kings County, 2004)
Sweeney v. City of New York
4 Misc. 3d 834 (New York Supreme Court, 2004)
Emanuel v. Sheridan Transportation Corp.
10 A.D.3d 46 (Appellate Division of the Supreme Court of New York, 2004)
Streeter v. Kingston
2004 NY Slip Op 50170(U) (New York Supreme Court, Onondaga County, 2004)
Songui v. City of New York
2 A.D.3d 706 (Appellate Division of the Supreme Court of New York, 2003)
In Re World Trade Center Disaster Site Litigation
270 F. Supp. 2d 357 (S.D. New York, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
744 N.E.2d 114, 95 N.Y.2d 583, 721 N.Y.S.2d 579, 2001 A.M.C. 977, 2000 N.Y. LEXIS 3902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cammon-v-city-of-new-york-ny-2000.