TUFFARELLA v. ERIE R. R. CO.


33 Misc.2d 1040 (1962)

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

Supreme Court, Special Term, Nassau County.

February 28, 1962


Attorney(s) appearing for the Case

Davis, Polk, Wardwell, Sunderland & Kiendl for third-party plaintiff. Carl J. Moscowitz for plaintiff. Walter C. Marshall for third-party defendant.


BERNARD S. MEYER, J.

Plaintiff, while riding in a truck owned by third-party defendant Star Corrugated Box Company, was injured when that truck collided at a grade crossing in New Jersey with a train operated by defendant third-party plaintiff Erie Railroad Company. Star's motion to dismiss the third-party complaint was granted, but on appeal that determination was reversed, the Appellate Division concluding...

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