Wadler v. Mediterranean Lines, Inc.

DIMOCK, District Judge.

These are motions to dismiss the complaint for failure to substitute as plain*323tiff the administrator of the estate of the deceased plaintiff, within two years after the death of the plaintiff, as required by Rule 25(a), Fed.Rules Civ. Proc. 28 TJ.S.C. In an earlier memorandum on these motions, I pointed out that, since the actions are to enforce state-created rights, it is arguable that New York law should be applied. See 4 Moore’s Federal Practice (2d ed.) pp. 522-23. I therefore gave counsel for plaintiff an opportunity to submit within 10 days an affidavit setting…