FINLEY v. NEW YORK CENT. R. R. CO.


50 Misc.2d 194 (1965)

Reid W. Finley, Plaintiff, v. New York Central Railroad Company, Defendant and Third-Party Plaintiff. Niagara Mohawk Power Corporation, Third-Party Defendant.

Supreme Court, Special Term, Albany County.

July 12, 1965


Attorney(s) appearing for the Case

Towner, Erway & Lyons (Condon A. Lyons of counsel), for third-party defendant. Whalen, McNamee, Creble & Nichols (Earl H. Gallup, Jr., of counsel), for defendant and third-party plaintiff. McClung, Peters & Simon (Homer E. Peters of counsel), for plaintiff.


SYDNEY F. FOSTER, J.

Motion by the third-party defendant, Niagara Mohawk Power Corporation (power company), for an order, pursuant to CPLR 3211, dismissing the third-party complaint and the second cause of action in the amended complaint. The third-party defendant argues that said pleadings fail to state a cause of action.

Plaintiff, employed by the defendant New York Central Railroad Company (railroad...

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