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NOTH v. SCHEURER

No. 67-C-14.

285 F.Supp. 81 (1968)

Jeanne Parr NOTH as Executrix of the Last Will and Testament of Charles James Noth, Plaintiff, v. Kathleen T. SCHEURER, Defendant.

United States District Court E. D. New York.

May 24, 1968.

Attorney(s) appearing for the Case

McGovern, Vincent & Connelly, New Rochelle, N. Y., for plaintiff; Frank H. Connelly, New Rochelle, N. Y., of counsel.

David T. Walsh, New York City, for defendant; Alfred J. Brumme, New York City, of counsel.

BARTELS, District Judge.

In this diversity action by the plaintiff-executrix, a Connecticut resident, against the defendant, a New York resident, for pain and suffering prior to death and for the unlawful death of her husband (pursuant to Sections 119 and 130 of the New York Decedent Estate Law, McKinney's Consol.Laws, c. 13) arising out of an automobile accident, the plaintiff brings this motion for summary judgment.

Decedent, Charles James Noth, was on the...

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