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

34 A.D.2d 531 (1970)

Mae Tsimenis et al., Respondents-Appellants, v. New York Central Railroad Company, Now Known as Penn Central Company, et al., Appellants-Respondents

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

March 24, 1970

Order entered June 30, 1967, unanimously modified on the law to the extent of reversing that part thereof which denied defendants' cross motion for summary judgment to dismiss the second cause of action of the complaint and which dismissed the first affirmative defense; the defendants' cross motion for summary judgment dismissing the second cause of action is granted and said cause is dismissed; the first affirmative defense is reinstated; and as so modified the order is...

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