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Court for the Trial of Impeachments and Correction of Errors, 2018

Schnapp v. Miller's Launch, Inc.

Schnapp v. Miller's Launch, Inc.
Court for the Trial of Impeachments and Correction of Errors · Decided April 26, 2018 · Difiore, Fahey, Garcia, Rivera, Stein, Took, Wilson
98 N.E.3d 720; 31 N.Y.3d 1001; 74 N.Y.S.3d 804 (North Eastern Reporter, Third Series)

Counsel

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.

Schnapp v. Miller's Launch, Inc.

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] ).

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur. Judge Feinman took no part.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.