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In re Complaint of City of New York

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


February 23, 2007

IN THE MATTER OF THE COMPLAINT OF THE CITY OF NEW YORK, AS OWNER AND OPERATOR OF THE M/V ANDREW J. BARBERI

The opinion of the court was delivered by: Korman, Chief Judge

ORDER

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.

Brooklyn, New York February 23, 2007

Edward R. Korman United States Chief District Judge

20070223

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