RILEY v. CAPITAL AIRLINES, INC.


13 A.D.2d 889 (1961)

Kathleen N. Riley, as Administratrix of The Estate of William H. Riley, Deceased, Appellant, v. Capital Airlines, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 11, 1961


Order unanimously modified to the extent of granting motion to strike the affirmative defense in the answer as to the third cause of action in the amended complaint, and as so modified, affirmed, without costs of this appeal to either party.

Memorandum:

The first and second causes of action in the amended complaint actually contain four causes. Two of these seek to recover damages for wrongful death pursuant to article 5 of the Decedent Estate Law of this...

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