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Appellate court recognized that summary judgment can be granted to a seaman on an unseaworthiness claim.


In 2010 Paul T. Hofmann obtained and important decision in Wesley v. City of New York, 76 A.D.3d 925 (1st Dept. 2010). Wesley is important because the appellate court recognized that summary judgment can be granted to a seaman on an unseaworthiness claim. There, a New York City ferry worker was injured when part of a hoisting mechanism, which was attached to a moveable bridge connecting the land to a City operated ferry, spun uncontrollably, striking and injuring plaintiff. There was a dispute as to what was the actual defect in the mechanism, but there was no dispute that the equipment spun in an uncontrolled fashion, constituting an unseaworthy condition.


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