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CUMMING v. UNITED AIR LINES

71 Misc.2d 1024 (1971)

Alva H. Cumming, as Executrix of Kenneth J. Cumming, Deceased, Plaintiff, v. United Air Lines, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

Reargument, March 28, 1972.

Attorney(s) appearing for the Case

Kreindler & Kreindler (Lee S. Kreindler, Stanley J. Levy and Melvin I. Friedman of counsel), for plaintiff. Mendes & Mount (James M. Fitzsimons of counsel), for Boeing & Kollsman, defendant. Haight, Gardner, Poor & Havens (William J. Junkerman, Carroll E. Dubuc and Randal L. Craft, Jr., of counsel), for United Air Lines Inc., defendant.

ARNOLD L. FEIN, J.

This is a motion by plaintiff for an order pursuant to CPLR 3211 (subd. [b]) dismissing the first affirmative defense of defendant United Air Lines and the first affirmative defense in the joint answer of defendants the Boeing Company and Kollsman Instrument Corporation.

Plaintiff has been appointed by the Court of Probate, Manchester, New Hampshire, as the executrix of the estate of her deceased husband, Kenneth J. Cumming...

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