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EGAN v. KOLLSMAN INSTRUMENT CORP.

44 Misc.2d 348 (1964)

Elizabeth A. Egan et al., as Administrators of The Estate of Eileen M. Seiter, Deceased, Plaintiffs, v. Kollsman Instrument Corp. et al., Defendants. Elizabeth A. Egan et al., as Administrators of The Estate of Eileen M. Seiter, Deceased, Plaintiffs, v. American Airlines, Inc., Defendants.

Supreme Court, Special Term, Kings County.

October 28, 1964

Attorney(s) appearing for the Case

Shatzkin & Cooper for plaintiffs. Mendes & Mount for Lockheed Aircraft Corp., defendant. Bigham Englar Jones & Houston for American Airlines, Inc., defendant.

BENJAMIN BRENNER, J.

This is a negligence suit which arises out of the tragedy of February 3, 1959 when an American Airlines airplane crashed into the East River while attempting to land at La Guardia Airport. The decedent was a passenger on said plane.

Plaintiffs' effort to strike the third defense which asserts defendant's limitation of liability for injuries sustained contained in the Warsaw Convention is based on the theory that defendant...

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