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ANASTASIA v. BARNES

127 Misc.2d 971 (1985)

Vita Anastasia, Individually and as Administratrix of The Estate of Daniel Anastasia, Deceased, Plaintiff, v. Kevin A. Barnes et al., Defendants. New York Racing Association, Inc., Third-Party Plaintiff, v. Pinkerton's New York Racing Security Service, Inc., Third-Party Defendant.

Supreme Court, Orange County.

February 4, 1985

Attorney(s) appearing for the Case

Finkelstein, Kaplan, Levine, Gittelsohn & Tetenbaum for plaintiff. Levinson, Jenkins & Karger for New York Racing Association, defendant and third-party plaintiff. Schleider, Dupee & Madison for third-party defendant. Appelbaum, Eisenberg, Bauman & Appelbaum for Kevin A. Barnes, defendant. Bower & Gardner for OMC-Lincoln and another, defendants.

KENNETH H. LANGE, J.

In this wrongful death action, defendant/third-party plaintiff New York Racing Association, Inc., and third-party defendant Pinkerton's New York Racing Security Service, Inc., have moved for leave to amend their respective answers to assert as a setoff certain pension and insurance benefits received by plaintiff as a result of decedent's death. These applications raise intricate issues...

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