MEMORANDUM AND ORDER
BLOCK, Senior District Judge.
Plaintiff, Flora Flagler ("Flagler"), is the administrator of the Estate of Elijah Eato ("Eato"). In a complaint filed in New York Supreme Court, Queens County, Flagler alleged that, on June 25, 2006, Eato was fatally injured in an automobile accident caused by the negligence of defendant Virginia B. Curry ("Curry"); she
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