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BARNETTE v. BUTLER AVIATION

89 Misc.2d 350 (1977)

Doris M. Barnette, as Executrix of Fred E. Barnette, Deceased, Plaintiff, v. Butler Aviation International, Inc., et al., Defendants.

Supreme Court, Special Term, Queens County.

January 28, 1977

Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens for Butler Aviation International, Inc., and another, defendants. Mendes & Mount for Butler Aviation-Miami, Inc., and another, defendants. Speiser & Krause (Paul D. Rheingold of counsel), for plaintiff.

ANN D. DUFFICY, J.

In this action for wrongful death and for personal injuries sustained by decedent, defendants Butler Aviation-Miami, Inc., and Air International, Inc., move to dismiss the complaint on the ground that the applicable periods of limitation have expired. (CPLR 3211, subd [a], par 5.)

Plaintiff alleges that decedent, Fred E. Barnette, a member of the United States Armed Forces, was killed on April 26, 1967 while aboard a United...

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