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TUFFARELLA v. ERIE R. R. CO.

10 A.D.2d 525 (1960)

Anthony Tuffarella, Plaintiff, v. Erie Railroad Company, Defendant, and Third-Party Plaintiff-Appellant. Star Corrugated Box Company, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 25, 1960.

Attorney(s) appearing for the Case

J. Roger Carroll and Richard E. Nolan for appellant.

Albert P. Thill and Clarence W. Williamson for respondent.

BELDOCK, Acting P. J., CHRIST, PETTE and BRENNAN, JJ., concur.

UGHETTA, J.

In an action to recover damages for personal injuries, the Erie Railroad Company appeals from an order dismissing a third-party complaint on the ground that it does not state facts sufficient to constitute a cause of action.

Plaintiff (not a party to this appeal) was a passenger in a motor vehicle owned and operated by Star Corrugated Box Company when that vehicle was struck by a railroad...

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