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HARRELL v. CHAMPLAIN ENTERS.

157 Misc.2d 734 (1993)

___ N.Y.S.2d ___

Lorraine M. Harrell, as Executrix of The Estate of Clayton Michael Harrell, Deceased, Plaintiff, v. Champlain Enterprises, Inc., Defendant.

Supreme Court, Albany County.

October 12, 1993

Attorney(s) appearing for the Case

Kreindler & Kreindler, New York City (Melvin I. Friedman of counsel), for plaintiff. Bigham, Englar, Jones & Houston, New York City (James B. McQuillan of counsel), for defendant.

HAROLD J. HUGHES, J.

The motion of the plaintiff for an order pursuant to CPLR 3211 (b) dismissing the first affirmative defense of release set forth in the answer is granted.

This is a wrongful death action. Plaintiff's decedent was an airplane mechanic employed by the defendant, the operator of an interstate airline. On January 3, 1992, Mr. Harrell was traveling as a passenger on board one of the...

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