Cwick v. City of Rochester
Opinion of the Court
— Order unanimously reversed, without costs, and motion denied. Memorandum: On motion of defendant Joint Venture pursuant to CPLR 3211 (subd [a], par 7), Special Term improperly dismissed the second cause of action in the further amended complaint dated March 10, 1981, alleging a breach of
“24. Upon information and belief, the [Joint Venture] as owner and also lessee of the vessel Cherokee breached certain warranties of seaworthiness, and the said vessel Cherokee was unseaworthy with respect to its parts and appurtenances and work area of the decedent and conditions of the job; and/or amounted to conditions which were not reasonably safe for their intended purpose, which were all causally related to the decedent’s death, more particularly:
“A) Failing to provide a reasonably safe place for decedent to perform his duties as will be set forth more specifically herein;
“B) Failing to provide proper, safe and adequate gear and equipment as will be set forth more specifically herein;
“C) Failing to maintain vessel’s gear, lines, shackles and appurtenances in a proper and seaworthy condition as will be set forth more specifically herein;
“D) Failing to properly and adequately inspect the vessel’s gear, lines, shackles, parts and appurtenances as will be set forth more specifically herein;
“E) Supplying for decedent’s use unsafe, dangerous, unseaworthy gear, lines, shackles, appurtenances as will be set forth more specifically herein;
“F) Failing to warn decedent of the defective conditions of the vessel, gear, lines, shackles, appurtenances as will be set forth more specifically herein;
“G) Failing to provide decedent with a safe and seaworthy vessel, appliances, gear and appurtenances as will be set forth more specifically herein.”
In reversing the Appellate Division and holding that a complaint sufficiently stated a cause of action for breach of the warranty of seaworthiness, the Court of Appeals in Pedersen v Manitowoc Co. (25 NY2d 412, 418) stated: “In addition to the employer’s obligation of due care, owners have also traditionally been obligated to maintain seaworthy vessels, and if defects in the hull, equipment, or structure cause injury to a seaman the owner will be liable for breach of the warranty of seaworthiness
Case-law data current through December 31, 2025. Source: CourtListener bulk data.