Garis v. Compania Maritima San Basilio, SA
| Decision Date | 28 November 1967 |
| Docket Number | Docket 30975.,No. 183,183 |
| Citation | 386 F.2d 155 |
| Parties | Dimitrios GARIS, Libellant-Appellant, v. COMPANIA MARITIMA SAN BASILIO, S. A., Respondent-Appellee. |
| Court | U.S. Court of Appeals — Second Circuit |
Charles Sovel, Abraham E. Freedman, New York City, for libellant-appellant.
Lawrence J. Mahoney, Dougherty, Ryan, Mahoney & Pellegrino, New York City, for respondent-appellee.
Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.
Libellant-appellant, Dimitrios Garis, employed as a fireman aboard respondent's vessel, the S.S. "Eurytan," was severely burned on September 15, 1965, in an explosion in the engine room of the vessel which was en route from Europe to Australia. He had joined the ship, owned by the defendant Panamanian corporation, at the Port of Rotterdam, Holland, on May 27, 1965, at which time he was required to sign Articles which provided that claims for injuries would be governed by Greek law and the Greek Collective Agreement, and that every claim or dispute arising from an injury would be under the exclusive jurisdiction of the Greek courts. These Articles were opened and renewed in New York City on June 10, 1965.
He commenced this suit in the admiralty, to recover damages for the injuries he suffered, in the United States District Court for the Southern District of New York, and the citation upon defendant to answer was served upon P. D. Marchessini & Co. (New York) Inc., a New York corporation, at its office at 26 Broadway, New York City. On the ground that discretionary jurisdiction should be declined, the owner of the vessel moved for an order dismissing the libel. Affidavits and answers to interrogatories confirmed that the shipowner conducted its principal business in Piraeus, Greece, and that its officers and directors were Greek residents, none of whom lived in the United States. An affidavit of Theo Kallitsas, director of the Mercantile Marine Department of the Greek Consulate General, New York City, presented in support of the motion, confirmed that the vessel is registered under the laws of Greece, flies the Greek flag, that libellant is a resident of Greece, and that the Courts of Greece have jurisdiction over and will accept suits by seamen against Greek flag ships.
Judge McLean further directed that the parties conduct the deposition of an officer of P. D. Marchessini & Co. (New York) Inc. Alexander P. Marchessini, President of this New York corporation, appeared, represented by his own counsel, testified that he was an American citizen, that his company acted as ships' agents, and that in connection with any work done for ...
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