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CAFFERY v. NEW YORK CENT. R.R. CO., INC.

24 A.D.2d 1075 (1965)

Theodore Caffery, Respondent-Appellant, v. New York Central Railroad Co., Inc., Appellant-Respondent

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

December 16, 1965

Order unanimously modified by reinstating the second affirmative defense and as modified affirmed, without costs of these appeals to either party.

Memorandum:

In this action for wrongful discharge plaintiff appeals from that part of Special Term's order which denied his motion made under CPLR 3211 (subd. [b]), to strike the first affirmative defense and defendant appeals from part of the order which struck the second affirmative defense. In an earlier action...

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