TEST: Elsayed Eldoh v Astoria Generating Co., L.P., et al

[B]Date Decided[/B]: Nov 22[SUP]nd[/SUP], 2011
[B]Decided By[/B]: New York 2nd Department (State)
[B]Court[/B]: Supreme Court, Appellate Division, Second Department, NY
[B]Citation[/B]: 2011 WL 668319
Defendants Astoria Generating Co., L.P., et al collectivelydoing business as Reliant Energy (“Reliant”), and AAR Power Services (“AAR”)separately appeal from an order denying their motions for summary judgment todismiss plaintiff’s claims on the ground of preemption by the LHWCA.
Reliant contracted AAR to perform an overhaul of fourelectricity generating turbines located in the waters off Brooklyn, NY. AARsub-contracted Amertech Industries, Inc. (“Amertech”) to provide labor inconnection with the overhaul.
Plaintiff Elsayed Eldoh (“Eldoh”), an employee of Amertechsustained injuries while working on board a barge used during the overhaul ofone of the turbines. Eldoh brought anaction to recover damages for personal injury alleging violations of New York statelaws and common law negligence.
Following the lower court’s denial of defendants’ motionsfor summary judgment to dismiss each of plaintiff’s claims on the ground ofpreemption by the LHWCA, the defendants moved to renew their motions forsummary judgment pursuant to a change in the law.
Upon renewal, the lower court granted Reliant’s motion forcertain of plaintiff’s claims, but denied its motion as it related toplaintiff’s claims for violations of Labor Law section 200 and common-lawnegligence. The lower court denied AAR’s motion with regard to all of theplaintiff’s claims. It is from these orders the defendants now appeal.
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