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NEW YORK CENT. R. R. CO. v. COUNTY OF ERIE

197 Misc. 801 (1949)

New York Central Railroad Company, Plaintiff, v. County of Erie et al., Defendants.

Supreme Court, Trial Term, Erie County.

December 7, 1949.

Attorney(s) appearing for the Case

Mark N. Turner for plaintiff.

Ralph A. Lehr, County Attorney (Elmer R. Weil of counsel) for County of Erie, defendant.

George B. Doyle for Town of Cheektowaga, defendant.

HALPERN, J.

This is an action for a declaratory judgment in which the issue is whether the New York Central Railroad Company, the County of Erie or the Town of Cheektowaga is required to maintain the railings along the sidewalks on a bridge carrying Harlem Avenue over the tracks of the railroad in the town of Cheektowaga, Erie County, New York.

The grade crossing had been eliminated pursuant to an order...

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