In light of the unresolved factual questions regarding, inter alia, the status of the barge upon which plaintiff worked at the time he was injured, and the nature of plaintiff's duties of employment, summary judgment dismissal of the first two causes of action seeking recovery pursuant to the Jones Act was unwarranted (see, McDermott Intl. v. Wilander, 498 U.S. 337; Southwest Mar. v Gizoni, 502 U.S. 81, 112 S Ct 486; Offshore Co. v. Robison, 266 F.2d 769).
We have considered all other claims and find them to be meritless.
Concur — Murphy, P.J., Carro, Kupferman and Nardelli, JJ.