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DIEHL v. OGOREWAC

No. 92-CV-1886 (TCP).

836 F.Supp. 88 (1993)

Alma DIEHL, as executrix of the goods, chattels and credits of William Diehl, deceased, and Alma Diehl, individually, Plaintiff, v. Frank OGOREWAC, Defendant.

United States District Court, E.D. New York.

October 20, 1993.

Attorney(s) appearing for the Case

Edward A. Fleck, Fleck, Fleck & Fleck, Garden City, NY, for plaintiff Alma Diehl Individually and as Executrix of William Diehl.

N. Nicholas Goodman, Quirk and Bakalor, P.C., New York City, for defendant Frank Ogorewac.

MEMORANDUM AND ORDER

PLATT, Chief Judge.

Plaintiff Alma Diehl moves pursuant to Federal Rule of Civil Procedure 12(f) to strike defendant's first affirmative defense asserting plaintiff William Diehl's failure to wear an available seat belt caused or contributed to his injuries and ultimate death. Defendant cross-moves to amend the answer to include a second affirmative defense as to plaintiff Alma Diehl...

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