THOMPSON v. COUNTY OF ERIE


61 N.Y.2d 648 (1983)

David B. Thompson et al., Appellants, v. County of Erie, Defendant, and Consolidated Rail Corporation, Respondent.

Court of Appeals of the State of New York.

Decided December 20, 1983.


Attorney(s) appearing for the Case

Francis M. Letro and Paul William Beltz for appellants.

Harry F. Mooney for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

On the record before us, it cannot be said as a matter of law that the Appellate Division abused its discretion in granting defendant's cross motion for summary judgment dismissing the complaint herein.

Order affirmed, with costs, in...

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