BARCH v. AVCO CORP.


30 A.D.2d 241 (1968)

Donna M Barch, as Executrix of Chester J. Barch, Deceased, Appellant, v. Avco Corporation et al., Respondents. (Action No. 1.) Mabelle K. Badgley, as Executrix of Paul G. Badgley, Deceased, et al., Respondents, v. Mooney Aircraft, Inc., et al., Respondents. (Action No. 2.) First Trust & Deposit Company, as Executor of Harry T. Ditch, Deceased, Respondent, v. Paul G. Badgley Company, Inc., Respondent. (Action No. 3.) Margo B. Schweitzer, as Administratrix of The Estate of John T. Schweitzer, Deceased, Respondent, v. Mooney Aircraft, Inc., et al., Respondents. (Action No. 4.) In the Matter of Donna M. Barch, as Executrix of Chester J. Barch, Deceased

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

June 27, 1968.


Attorney(s) appearing for the Case

Speiser, Shumate, Geoghan & Krause (Alfred W. Gans of counsel), for Donna M. Barch, appellant.

Frederick B. Lacey for Paul G. Badgley Co. Inc., respondent in Action No. 1.

Mendes & Mount for Avco Corporation and another, respondents in Action No. 1.

Bond, Schoeneck & King (John C. Kinney of counsel), for Paul G. Badgley Co. Inc., respondent in Actions Nos. 3 and 4.

Hiscock, Cowie, Bruce, Lee & Mawhinney for Mabelle Badgley and another, respondents in Action No. 2.

Oot, Greene, Setright & Moore (Victor J. Hershdorfer of, counsel), for Bendix Corporation and another, respondents in Actions Nos. 2, 3 and 4.

Costello, Cooney & Fearon for First Trust & Deposit Company and another, respondents.

Hal Rachal for Mooney Aircraft Inc., respondent in Actions Nos. 2, 3 and 4.

Fadden & Britt (Alfred W. Gans of counsel), for Donna M. Barch, appellant in the above-entitled proceeding.

Bond, Schoeneck & King (John C. Kinney of counsel), for Paul G. Badgley Co., Inc., respondent in the above-entitled proceeding.

Oot, Greene, Setright & Moore (Victor J. Hershdorfer of counsel), for Avco Corp. and another, respondents in the above-entitled proceeding.

Hiscock, Cowie, Bruce, Lee & Mawhinney for Paul G. Badgley Co., Inc., and another, respondents in the above-entitled proceeding.

Costello, Cooney & Fearon for First Trust & Deposit Company and another, respondents in the above-entitled proceeding.

BASTOW, P. J., DEL VECCHIO, WITMER and HENRY, JJ., concur.


GOLDMAN, J.

We have before us three appeals, two from orders of Supreme Court, Onondaga County, and one from an order of the Surrogate's Court of Onondaga County. All of the litigation involved in these appeals arises out of a multiple fatality airplane crash in 1965 which resulted in the death of the pilot, one Badgley, and three passengers, Barch, Ditch and Schweitzer...

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