Miller v. Amerada Hess Corp.

276 A.D.2d 448, 715 N.Y.S.2d 144, 2000 N.Y. App. Div. LEXIS 11018

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 31, 2000
• Status: Published

Opinion

Order, Supreme Court, New York County (Lorraine Miller, J.), entered July 19, 1999, which granted defendants-respondents’ motions and cross motions for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

We affirm the grant of summary judgment to defendants-respondents herein for the same reasons that we affirm the grants of summary judgment in favor of the defendants-respondents in Miller v Akronchem Corp. (276 AD2d 447 [decided herewith]) and Miller v Amerada Hess Corp. (276 AD2d 447 [decided herewith]). Here, as in those cases, despite the examination of numerous witnesses identified by plaintiff, no proof was adduced connecting an identifiable defendant with the decedent’s harm. In addition, for the reasons stated in Miller v Amerada Hess Corp. (supra), where we affirm the dismissal of the Jones Act “survival’^ causes as time-barred, we now affirm the dismissal of the present plaintiffs Jones Act “survival” causes of action. Concur — Nardelli, J. P., Williams, Mazzarelli and Andrias, JJ.