
    Wayne SCHNAPP, Respondent, v. MILLER'S LAUNCH, INC., Appellant.
    No. 87 SSM 43
    Court of Appeals of New York.
    Decided April 26, 2018
    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] ).

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur.

Judge Feinman took no part.  