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SCHREIBER v. K-SEA TRANSP.

9 N.Y.3d 331 (2007)

879 N.E.2d 733

849 N.Y.S.2d 194

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

Court of Appeals of the State of New York.

Decided November 27, 2007.

Attorney(s) appearing for the Case

Freehill, Hogan & Mahar, New York City (Thomas M. Canevari and Michael C. Elliott of counsel), for appellants-respondents.

Law Offices of Sanford F. Young, P.C., New York City (Sanford F. Young of counsel), and Law Office of Steven Thaler, P.C. (Steven Thaler of counsel) for respondent-appellant.

Friedman & James LLP, New York City (John P. James of counsel), James P. Jacobsen, Seattle, Washington, Kathleen Flynn Peterson, Minneapolis, Minnesota, and Ross Diamond, Mobile, Alabama, for American Association for Justice, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

The issue is the validity of a seaman's agreement to arbitrate his Jones Act claim against his employer, where the agreement was made after the seaman was injured. We hold, as did the Appellate Division, that post-injury arbitration agreements are not prohibited, but that a hearing should be held to decide whether this arbitration agreement is enforceable. We disagree with the Appellate Division as to the burden of proof at...

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