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SCHNAPP v. MILLER'S LAUNCH, INC.

No. 87 SSM 43.

31 N.Y.3d 1001 (2018)

98 N.E.3d 720

74 N.Y.S.3d 804

2018 NY Slip Op 02831

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

Court of Appeals of New York.

Decided April 26, 2018.

Attorney(s) appearing for the Case

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]).

Concur: Chief Judge DiFIORE...

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