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McMINN v. CONSOLIDATED RAIL CORP.

No. 84 Civ. 6874 (JES).

716 F.Supp. 125 (1989)

Angeliki McMINN and Michael McMinn, Plaintiffs, v. CONSOLIDATED RAIL CORPORATION a/k/a Conrail and Lance L. Ehrhardt, Defendants. CONSOLIDATED RAIL CORPORATION and Lance L. Ehrhardt, Defendants/Third-Party Plaintiffs, v. BOROUGH OF HARRINGTON PARK and County of Bergen, Third-Party Defendants.

United States District Court, S.D. New York.

July 31, 1989.

Attorney(s) appearing for the Case

Trolman & Glaser, P.C., New York City (Marc Jay Bern, of counsel), for plaintiffs.

Walker & Bailey, New York City (Lawrence R. Bailey, Jr. and De Nice Powell, of counsel), for defendant/third-party plaintiff Consolidated Rail Corp.

Hogan, Jones & Parisi, P.C., New York City (Sherman B. Kerner, of counsel), for third-party defendant Borough of Harrington Park.

Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, New York City (Haydn J. Brill, of counsel), for third-party defendant County of Bergen.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

This action involves a collision between a Consolidated Rail Corporation ("Conrail") train and an automobile operated by plaintiff, Angeliki McMinn.1 Jurisdiction is based on diversity of citizenship, and the parties agree that New Jersey law is controlling. The case was tried to a jury, which found that Conrail was negligent in failing to maintain a safe railroad crossing...

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