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BENZINGER v. WOCHENSKY

59 A.D.2d 652 (1977)

Gail L. Benzinger et al., Plaintiffs, v. Dereth A. Wochensky et al., Respondents, and Chesapeake & Ohio Railway Co. et al., Appellants, et al., Defendant

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

September 23, 1977

Order unanimously reversed, without costs, and motion granted.

Memorandum:

On November 25, 1968 an automobile owned by respondent Edward J. Wochensky and operated by respondent Dereth A. Wochensky collided with a railroad train which was being operated by appellant Chesapeake & Ohio Railway Co. (C & O) over the right of way of appellant Erie Lackawanna Railway Co. (Erie) in the Town of Tonawanda. One Gail...

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