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SCHWARTZ v. UNITED STATES

Civ. No. 6316.

229 F.Supp. 485 (1962)

Irving A. SCHWARTZ, as executor of the Estate of Anthony Santomassino, Deceased, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. Theodore STAY, Andrew Stay, Donald Stay and Kenneth Stay, individually and as partners d/b/a Theodore Stay & Sons, Third-Party Defendants.

United States District Court N. D. New York.

August 8, 1962.

Attorney(s) appearing for the Case

Irving A. Schwartz, Utica, N. Y., for plaintiff; John E. Hunt, Lawrence J. Goldbas, Utica, N. Y., of counsel.

Justin J. Mahoney, U. S. Atty., Albany, N. Y., for defendant and third-party plaintiff; Frank Dziduch, Asst. U. S. Atty., of counsel.

Mackenzie, Smith, Lewis, Michell, & Hughes, Syracuse, N. Y., for third-party defendant; George Sullivan, Syracuse, N. Y., of counsel.

BRENNAN, District Judge.

The complaint in this action, brought under the provisions of the Federal Tort Claims Act, seeks money damages based upon two claims or causes of action. The first claim was brought under the provisions of Section 130 of the Decedent Estate Law of the State of New York, McKinney's Consol. Laws, c. 13 and may be referred to as a death action or action to recover damages on account of personal injuries resulting in death. The second claim seeks...

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