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BRUCCULERI v. METRO-NORTH COMMUTER R.R. CO.

216 A.D.2d 66 (1995)

628 N.Y.S.2d 66

Guiseppe Brucculeri, Respondent, v. Metro-North Commuter Railroad Co., Defendant, and Penetone Corp., Appellant. (And a Third-Party Action.)

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

June 13, 1995

Plaintiff allegedly sustained injuries to his vocal cords as a result of being exposed to a toxic chemical he was required to use in cleaning railroad cars. After defendant-appellant Penetone Corp. was added as a third-party defendant, plaintiff amended his complaint to add a direct cause of action against Penetone, in May 1987. The case was marked off the trial calendar on August 15, 1988, since a Note of Issue was not filed by...

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