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SCHREIBER v. K-SEA TRANSP.

30 A.D.3d 101 (2006)

814 N.Y.S.2d 124

In the Matter of NICHOLAS SCHREIBER, Respondent, v. K-SEA TRANSPORTATION CORP. et al., Appellants.

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

April 25, 2006.

Attorney(s) appearing for the Case

Freehill, Hogan & Mahar, New York City (Thomas M. Canevari and Zachary M. Barth of counsel), for appellants.

Law Offices of Sanford F. Young, P.C., New York City (Jan B. Rothman and Sanford F. Young of counsel), and Law Offices of Steven Thaler, P.C., New York City, for respondent.

GONZALEZ and CATTERSON, JJ., concur with TOM, J.P.; ANDRIAS, J., dissents in part in a separate opinion.

OPINION OF THE COURT

TOM, J.P.

This dispute concerns the validity of an agreement to arbitrate a claim arising out of injuries sustained by petitioner Nicholas Schreiber while serving as a seaman in the employ of respondents K-Sea Transportation Corp. and K-Sea Transportation LLC (collectively, K-Sea). At issue is whether the injured seaman has waived the right to "maintain an action for damages at law, with...

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