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SMITH v. McALLISTER TOWING OF NEW YORK, L.L.C.

No. 04 Civ.3059(LAK).

361 F.Supp.2d 348 (2005)

Michael SMITH, Plaintiff, v. McALLISTER TOWING OF NEW YORK, L.L.C., Defendant.

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

March 28, 2005.

Attorney(s) appearing for the Case

Robin M. Wertheimer, Wertheimer Associates, P.C., for Plaintiff.

Mark F. Muller, William J. Pallas, Freehill, Hogan & Mahar LLP, for Defendant.

MEMORANDUM OPINION

KAPLAN, District Judge.

This matter is before the Court on defendant's motion for summary judgment dismissing the complaint.

Facts

On June 6, 2003, plaintiff was employed as captain of the tug CHARLES D. MCALLISTER. That afternoon, he left the yard, where the tug was tied up, to shop for food supplies for the crew, leaving the tug in the care of his mate. When he...

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