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D'AURIZIO v. RAIL CORP.

129 Misc.2d 949 (1984)

Amedeo D'Aurizio, Plaintiff, v. Consolidated Rail Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

On Reargument, September 4, 1985

Attorney(s) appearing for the Case

Michael J. Siris and James M. Keneally for defendants. Richard M. Malty for plaintiff.

BURTON S. SHERMAN, J.

Defendants, Consolidated Rail Corporation (Conrail) and the Atchison, Topeka and Santa Fe Railway Company (AT & SF), move for partial summary judgment dismissing the plaintiff's second and fifth causes of action.

The plaintiff's second and fifth causes of action seek money damages for two separate shipments of grapes which allegedly became spoiled on the defendants' railroads while in transit from California to Niagara...

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