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ESCHBERGER v. CONSOL. RAIL

149 Misc.2d 232 (1990)

Frank J. Eschberger, Plaintiff, v. Consolidated Rail Corporation, Defendant.

Supreme Court, Erie County.

December 19, 1990

Attorney(s) appearing for the Case

Moot & Sprague (Richard F. Griffin of counsel), for defendant. Paul William Beltz, P. C. (Paul W. Beltz of counsel), for plaintiff.

THOMAS P. FLAHERTY, J.

Pursuant to CPLR 5019 defendant seeks to vacate that portion of the judgment which provides for interest for the period between the date the jury rendered its verdict to the date the judgment was entered.

In this case brought under the Federal Employers' Liability Act (45 USC § 51 et seq. [FELA]), the jury returned a total verdict against the defendant in the amount...

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