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CASSELLA v. DELAWARE RY. CO.

133 Misc.2d 128 (1986)

Marian Cassella, Individually and as Mother and Natural Guardian of Kenneth L. Bovair, et al., Plaintiffs, v. Delaware and Hudson Railway Company, Defendant. Ralph Shute, Individually and as Parent and Natural Guardian of Michael Shute, et al., Plaintiffs, v. Delaware and Hudson Railway Company, Defendant.

Supreme Court, Special Term, Saratoga County.

September 22, 1986

Attorney(s) appearing for the Case

Vincent E. Vicinanzo for Marian Cassella and another, plaintiffs. Simon, Trieble, McNamara & Rider (Thomas J. McNamara of counsel), for Ralph Shute and another, plaintiffs. Rosch & Rosch (Renee A. Rosch of counsel), for defendant.

LOREN N. BROWN, J.

This is a motion by the Delaware and Hudson Railway Company for an order granting it judgment dismissing the complaint, and, in the alternative, an order vacating the note of issue.

This is an action for personal injuries. Plaintiffs Kenneth L. Bovair and Michael Shute were injured on May 6, 1983 at approximately 8:50 P.M. when the dirt bike on which they were riding collided with...

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