The New York State Court of Appeals dismissed claims under Labor Law §§ 240(1) and 241(6) against the owner of a power generating barge floating in Gowanus Bay and the plaintiff’s employer, finding that such claims were preempted by the Longshore & Harbor Workers Compensation Act, 33 U.S.C. § 905(b). The issue was whether the barge, which housed several turbines for generating electric power, was a “vessel” for the purposes of the LHWCA. The Court of Appeals held that the barge, which floated on navigable waters and had been towed to other locations, was a “vessel” and that plaintiff’s state-law claims were preempted by the exclusivity provisions of the LHWCA. This decision eliminates a conflict among the First and Second Departments and the Southern District, and will help defendants avoid strict liability in cases involving injuries to workers on floating equipment. Congratulations to Curt Schiner and John Sandercock who represented plaintiff’s employer on this appeal. Lee v. Astoria Generating Co, Inc., 13 N.Y.3d 382, 892 N.Y.S.2d 294, 2009 WL 4016121 (Nov. 23, 2009).