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SPINOLA v. NEW YORK CENT. R.R.

33 A.D.2d 74 (1969)

Patsy Spinola, Respondent, v. New York Central Railroad, Appellant

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

November 17, 1969.

Attorney(s) appearing for the Case

Jerome H. Shapiro, Thomas J. Smith and William F. McGinn for appellant.

Ferraro, Lombardi & DeCaro (Anthony J. Ferraro of counsel), for respondent.

CHRIST, Acting P. J., RABIN, BENJAMIN and MUNDER, JJ., concur.

BRENNAN, J.

This is an action to recover damages for personal injuries sustained by the plaintiff in the course of his work as a mechanic in the employ of the defendant, a common carrier by railroad engaged in interstate commerce. The action was brought under the Federal Employers' Liability Act (U. S. Code, tit. 45, § 51 et seq.).

After the commencement of the action the plaintiff made a motion, inter alia, for leave to add...

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