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Cubilete v. U.S.

Court Rejects Shipyard's Cross-Claim for Government Indemnification in Worker Injury Suit

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MEMORANDUM & ORDER   Plaintiff Bryant Cubilete brings this personal injury action against Defendants GMD Shipyard Corp. (“GMD”) and the United States based on injuries he suffered when he fell at a work site at the Brooklyn Navy Yard. (See Second Am. Compl. (“SAC”) (Dkt. 14).) Currently before the court is the United States’s motion to dismiss GMD’s crossclaims pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(c). (See Mot. to Dismiss (“Mot.”) (Dkt. 24).) For the following reasons, the United States’s motion is GRANTED. I. BACKGROUND Cubilete alleges that he was injured when he fell at a work site at the Brooklyn Navy Yard. (SAC 12.) At the time, Cubilete was engaged by his employer, Jen-Mar Electric Service Corp., to perform construction work on a vessel owned by the United States Army. (Id.

4, 8, 11.) Though the vessel — U.S. Army BD- 6801 — was owned by the Army, the United States had awarded a contract to Defendant GMD to perform maintenance work on it in February 2016. (GMD Contract Cover (Dkt. 24-1).) On July 19, 2017, Cubilete was engaged in repair work aboard the vessel. (SAC 11.) While he was working, Cubilete stepped on an unsecured piece of plywood which gave way and caused him to fall through an opening in the floor. (Id. 14). Cubilete plummeted approximately twelve to fifteen feet and suffered various injuries as a result. (Id. 14, 16.) He claims his injuries were caused by negligence on the part of the United States and GMD and that both Defendants violated §§200, 240(1), and 241(6) of the New York Labor Law. (See id.

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