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HIRSCH v. AM. AIRLINES

160 Misc.2d 272 (1993)

608 N.Y.S.2d 606

Susan Hirsch, Individually and as Parent and Natural Guardian of Michele Hirsch, et al., Plaintiffs, v. American Airlines, Defendant.

Civil Court of the City of New York, New York County.

December 30, 1993

Attorney(s) appearing for the Case

Quirk & Bakalor, P. C., for defendant. Fred M. Hirsch for Susan Hirsch, plaintiff.

LOUIS B. YORK, J.

This motion by defendant American Airlines (American) to amend its answer to include two affirmative defenses forces this court to examine, sua sponte, the preemptive scope of the Federal Aviation Act of 1958 as amended by the Airline Deregulation Act of 1978 (49 USC, Appendix § 1301 et seq.) (the Act). (See, Matter of Grand Jury Subpoenas,

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