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SALERNO v. N. Y. CENT. R. R. CO.

44 Misc.2d 86 (1964)

Stephen Salerno, Plaintiff, v. New York Central Railroad Company et al., Defendants. Pacific Fruit Express Company, Third-Party Plaintiff, v. Beech-Nut Life Savers, Inc., Third-Party Defendant.

Supreme Court, Special Term, Monroe County.

July 30, 1964

Attorney(s) appearing for the Case

MacFarlane, Harris, Martin, Kendall & Dutcher for plaintiff. Nixon, Hargrave, Devans & Doyle for Pacific Fruit Express Company, defendant and third-party plaintiff.

WILLIAM G. EASTON, J.

This is a motion for an order pursuant to CPLR 5019 (subd. [a]) to amend the judgment entered by the defendant, Pacific Fruit Express Company, to strike out so much of the judgment as includes a recovery for costs.

In the trial court the plaintiff had a judgment against both defendants. Upon appeal the Appellate Division (21 A.D.2d 850) reversed...

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