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LEARN v. BICENTENNIAL WAGON TRAIN

56 N.Y.2d 883 (1982)

Joan Learn et al., Appellants, v. Bicentennial Wagon Train, Respondent, and Norman Deep, Defendant and Third-Party Plaintiff-Respondent. Aitkin Kynette, Inc., et al., Third-Party Defendants-Respondents. (And Another Third-Party Action.)

Court of Appeals of the State of New York.

Decided June 10, 1982.

Attorney(s) appearing for the Case

Robert M. Ginsberg for appellants.

Leonard A. Sheft and Richard T. Farrell for Norman Deep, respondent.

John T. Pellini and Stanford Kaplan for Aitkin Kynette, Inc., and another, respondents.

McCaffrey & Condon for Village of Tarrytown and another, respondents.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER. Taking no part: Judge FUCHSBERG.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. The Appellate Division correctly ruled that Pfaffenbach v White Plains Express Corp. (17 N.Y.2d 132) was not applicable to the facts...

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