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OLSEN v. REINAUER TRANSPORTATION COMPANIES, L.P.

300 A.D.2d 76 (2002)

750 N.Y.S.2d 757

JOHN OLSEN, Respondent, v. REINAUER TRANSPORTATION COMPANIES, L.P., et al., Appellants, et al., Defendants.

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

Decided December 10, 2002.

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., Inc. v Solis, 820 F.2d 674, 677, cert denied 484 U.S. 953; Cincinnati Gas & Elec. Co. v Abel, 533 F.2d 1001...

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