In Matter of Complaint of City of New York

Full title: In the Matter of the Complaint of THE CITY OF NEW YORK, as Owner and…

Court: United States District Court, E.D. New York

Date published: Feb 23, 2007

03-CV-6049 (ERK) (E.D.N.Y. Feb. 23, 2007)

Opinion

03-CV-6049 (ERK).

February 23, 2007

ORDER

EDWARD KORMAN, Chief Judge

In an amended order dated February 12, 2007, I invited the defendant, the City of New York, to advise me how it would be prejudiced, beyond the prejudice that otherwise accompanies the admission of relevant evidence, by my consideration of a document that was not included in the documentary evidence that the parties stipulated would constitute the record upon which the issue of limitation of liability would be tried. After reviewing the City's response, I admit the 1958 Rules only to the extent they articulate the purpose of the two-pilot rule. I do not consider them for any other purpose. Because the City concedes that the evidence is cumulative, Petr.'s Response 4 n. 4, I do not see how they are unfairly prejudiced.

SO ORDERED.