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AYALA v. AIRBORNE TRANSP.

282 A.D. 486 (1953)

Dolores R. Ayala, as Administratrix of The Estate of Maria Ayala, Deceased, et al., Respondents, v. Airborne Transport Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 13, 1953.

Attorney(s) appearing for the Case

Charles E. Howell of counsel (George W. Clark on the brief; Mendes & Mount, attorneys), for appellant.

Jerome Golenbock of counsel (Golenbock & Komoroff, attorneys), for respondents.

COHN, J. P., CALLAHAN, BREITEL, BASTOW and BOTEIN, JJ., concur.

Per Curiam.

The four plaintiffs herein, together with a fifth plaintiff, the Public Administrator of the County of New York, brought this action originally as representatives of five passengers in an airplane operated by defendant, which disappeared in the course of a flight. The Public Administrator's cause of action was severed, granted a preference and tried separately. Asserting that the Public Administrator had...

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