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THOMPSON v. COUNTY OF ERIE

91 A.D.2d 850 (1982)

David B. Thompson et al., Respondents, v. County of Erie, Defendant, and Consolidated Rail Corporation, Appellant. (Appeal No. 1.)

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

December 17, 1982

Order reversed, without costs, and defendant, Consolidated Rail Corporation's cross motion granted, in accordance with the following memorandum: Plaintiff David Thompson sues to recover damages for personal injuries sustained in an accident occurring June 11, 1976. The action was commenced on September 9, 1977 and defendant Consolidated Rail Corporation answered and demanded discovery promptly. On February 25, 1980 a conditional order of preclusion was granted against plaintiffs...

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