PUBLIC ADMINISTRATOR v. GIBSON CUSHMAN

The facts, as established in a previous appeal (Milam v. Gibson Cushman, 81 A.D.2d 555), reveal that, in 1973, plaintiff seaman commenced this general maritime action against defendant Gibson Cushman of New York, Inc. seeking monetary damages for personal injuries sustained in September 1967. Plaintiff's causes of action for negligent injury under the Jones Act (46 U.S.C. Appendix § 688) are governed by a three-year Statute of Limitations (Clauson v. Smith, 823 F.2d 660, 661) and, thus, expired well before the action was commenced. The instant record fails to provide any support for plaintiff's contention that the limitations period should be tolled (see, Clauson v. Smith, supra; see also, Simcuski v Saeli, 44 N.Y.2d 442) as there is no proof that plaintiff relied on any misrepresentation by defendant which caused him to delay timely commencement of the action.

The trial court also properly struck plaintiff's jury demand because the remaining maritime cause of action, based on a claim of unseaworthiness, is to be tried nonjury (see, Mahramas v American Export Isbrandtsen Lines, 475 F.2d 165, 172).

We have considered plaintiff's other contentions and find them to be without merit.

Concur — Rosenberger, J.P., Asch, Smith and Rubin, JJ.