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THOMAS v. UNITED AIR LINES, INC.

54 Misc.2d 540 (1967)

Hilary D. Thomas, as Executrix of James H. Thomas, Deceased, Plaintiff, v. United Air Lines, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

June 19, 1967

Attorney(s) appearing for the Case

Speiser, Shumate, Geoghan & Krause (Edward M. O'Brien of counsel), for plaintiff. Haight, Gardner, Poor & Havens (Wm. J. Junkerman, John H. Riggs and Harry C. Batchelder, Jr., of counsel), for United Air Lines, Inc., defendant. Mendes & Mount for Boeing Company and another, defendants.

GEORGE POSTEL, J.

This is a motion by plaintiff, pursuant to CPLR 3211, to dismiss the second affirmative defense contained in the answer.

This is a wrongful death action arising out of an airplane crash into the navigable waters of the State of Illinois. The defense under attack herein seeks to limit the amount of recovery to $30,000 as prescribed by the Statutes of Illinois, (ch. 70, § 2) on the theory that maritime law should prevail since...

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