Miller v. Akron Paint & Varnish, Inc.

In a mari*465time action to, inter alia, recover damages for wrongful death, maintained in the Courts of this State pursuant to the “saving to suitors clause” of 28 USC § 1333, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Huttner, J.), entered September 4, 1997, as granted the defendants’ respective motions pursuant to CPLR 3211 (a) (7) to dismiss the second amended complaint and denied his cross application for leave to serve a third amended complaint.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents…