Opinion
2494N
December 10, 2002.
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about May 1, 2001, which, in an action for personal injuries sustained by a laborer on a barge, insofar as appealed from, denied defendants-appellants purported shipowners' motion to amend their answer so as to plead the limitation of liability contained in 46 U.S.C. § 183, unanimously affirmed, with costs.
Paul T. Hofmann, for plaintiff-respondent.
John V. D'Amico, for defendants-appellants.
Before: ANDRIAS, J.P., SAXE, ROSENBERGER, LERNER, FRIEDMAN, JJ.
The IAS court correctly held that it lacked jurisdiction to entertain the proposed defense. The federal courts, sitting in admiralty, have exclusive jurisdiction over the section 183 limitation of liability defense "once the shipowner's right to limit liability is contested" (Vatican Shrimp Co. v. Solis, 820 F.2d 674, 677, cert denied 484 U.S. 953;Cincinnati Gas Elec. Co. v. Abel, 533 F.2d 1001, 1003, cert denied 429 U.S. 858).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.