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PIRES v. FROTA OCEANICA BRASILEIRA, S.A.

288 A.D.2d 126 (2001)

733 N.Y.S.2d 395

S.M. PIRES et al., Respondents, v. FROTA OCEANICA BRASILEIRA, S.A., Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 27, 2001.

When a defendant shipowner callously fails, upon demand, to provide maintenance and cure to an injured seaman, the plaintiff seaman, in addition to compensatory damages, also may seek recovery of attorneys' fees (Kraljic v Berman Enters., 575 F.2d 412, 414). This action was previously remanded by this Court for an award of counsel fees to plaintiffs "if the trial court is so advised" (

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