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ROSENTHAL v. WARREN

No. 71-Civ. 697.

342 F.Supp. 246 (1972)

Elaine ROSENTHAL, as Executrix of the Estate of Martin C. Rosenthal, Deceased, Plaintiff, v. Kenneth W. WARREN and New England Baptist Hospital, Defendants.

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

March 22, 1972.

Attorney(s) appearing for the Case

Kriendler & Kriendler, New York City, for plaintiff; Gerald A. Robbie, Melvin I. Friedman, Alan J. Konigsberg, New York City, of counsel.

Tell, Cheser, Werner & Breitbart, New York City for defendant Kenneth W. Warren; Solomon M. Cheser, New York City, of counsel.

Fogarty, Nielsen, McLaughlin & Semel, New York City, for defendant New England Baptist Hospital; Douglas A. Boeckmann, New York City, of counsel.

CROAKE, District Judge.

MEMORANDUM

This is a wrongful death action brought by the widow and Executrix of the Estate of Dr. Martin C. Rosenthal for the alleged negligence and malpractice of defendants with respect to Dr. Rosenthal, now deceased. The action is maintained in this court under diversity jurisdiction 28 U.S.C. § 1332.

By this motion plaintiff seeks to strike the affirmative defenses of the defendants based on the Massachusetts Death...

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