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TERRY v. ERIE FOUNDRY CO.

202 A.D.2d 573 (1994)

610 N.Y.S.2d 809

Michael A. Terry, Appellant, v. Erie Foundry Company, Defendant and Third-Party Plaintiff-Respondent. Orbit Flange Corporation, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 21, 1994

Ordered the order is affirmed insofar as appealed from, with one bill of costs; and it is further,

Ordered that the plaintiff's time to comply is extended until 30 days after service upon him of a copy of this decision and order, with notice of entry.

The plaintiff failed to show that the preliminary conference order dated March 4, 1991, resulted from a mistake (see, Saks v Rodney Hous. Corp.,

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