Opinion
October 31, 2000.
Order, Supreme Court, New York County (Lorraine Miller, J.), entered July 19, 199 9, which granted defendants-respondents' motions and cross motions for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
Joseph Kelly Carley, for plaintiff-appellant.
Before: Nardelli, J.P., Williams, Mazzarelli, Andrias, JJ.
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. (Appeal No. 2122) and in Miller v. Amerada Hess Corp. (Appeal No. 2123) both decided simultaneously 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, Appeal No. 2123 (supra), where we affirm the dismissal of the Jones Act "survival" causes as time-barred, we now affirm the dismissal of the present plaintiff's Jones Act "survival" causes of action.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.