THAXTER v. CITY OF NEW YORK (DEPT. OF ENV. PROT.)

No. 88 Civ. 5365 (WCC).

707 F.Supp. 757 (1989)

Richard E. THAXTER, Jr., Plaintiff, v. The CITY OF NEW YORK (DEPARTMENT OF ENVIRONMENTAL PROTECTION), Defendant.

United States District Court, S.D. New York.

March 8, 1989.


Attorney(s) appearing for the Case

Bernard Rolnick, New York City, for plaintiff.

Peter L. Zimroth, Corp. Counsel, New York City, for defendant; Grace Goodman, Georgia Pestana, Assts. Corp. Counsel, of counsel.


OPINION AND ORDER

WILLIAM C. CONNER, District Judge.

On February 3, 1989, I denied defendant's motion to dismiss plaintiff's first cause of action "with leave to renew the motion." Thaxter v. The City of New York, 704 F.Supp. 531, 535 (1989). Although I was inclined to hold that "coasting voyages," as used in 46 U.S.C. § 596 (replaced by 46 U.S.C. § 10504), involve the transit of vessels from one port...

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