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AM. PETROLEUM AND TRANSPORT v. CITY OF NEW YORK

No. 12 Civ. 3633(PAE).

902 F.Supp.2d 466 (2012)

AMERICAN PETROLEUM AND TRANSPORT, INC., Plaintiff, v. The CITY OF NEW YORK and The Department of Transportation of the City of New York, Defendants.

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

October 10, 2012.

Attorney(s) appearing for the Case

James Michael Maloney, James M. Maloney, Port Washington, NY, for Plaintiff.

Anshel E. David, NYC Law Department, New York, NY, for Defendants.

OPINION & ORDER

PAUL A. ENGELMAYER, District Judge.

In this admiralty case, plaintiff American Petroleum and Transport, Inc. ("American"), the owner of a barge, seeks to recover economic damages to its business resulting from the unexpected closure of a drawbridge owned and operated by defendant the City of New York ("the City").1 The City has moved to dismiss, on the grounds that under a line of cases arising out...

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