TSIMENIS v. NEW YORK CENT. R.R. CO.


18 A.D.2d 631 (1962)

Mae Tsimenis et al., Respondents, v. New York Central Railroad Company et al., Appellants

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

December 11, 1962


Order, entered April 30, 1962, denying defendants' motion to dismiss the complaint, unanimously affirmed, with $20 costs and disbursements to plaintiffs-respondents.

We are of the opinion that the doctrine of primary jurisdiction is applicable. (United States v. Western Pacific R. R. Co., 352 U.S. 59.) On a proper showing that identical issues within its competence are pending before the Interstate Commerce Commission, a stay...

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