In Re the Complaint of Illusions Holdings, Inc.

DECISION AND ORDER

BERMAN, District Judge.

Background

On or about December 19, 1997, Steven M. Wagner (“ClaimanVPlaintiff” or ‘Wagner”) filed a common law negligence action against Illusions Holdings, Inc. (“Petitioner/Defendant” or “Illusions”) in New York State Supreme Court. Thereafter, Illusions commenced an action in this Court, pursuant to the Limitation of Liability Act, 46 U.S.C. § 183 et seq., seeking exoneration from liability or, alternatively, limitation of liability to the value of the vessel.

The parties agreed that Wagner’s common law negligence claim against Illusions would be…