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MILLER v. LONG ISLAND RAIL RD.

212 A.D.2d 515 (1995)

622 N.Y.S.2d 305

Derek M. Miller et al., Appellants, v. Long Island Rail Road, Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. Gary Nobile et al., Third-Party Defendants-Respondents

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

February 6, 1995

Ordered that the appeal of the plaintiff Mavourneen P. Miller is dismissed as abandoned; and it is further,

Ordered that the appeal from the judgment entered November 14, 1991, is dismissed since that judgment was superseded by the judgment entered January 29, 1992; and it is further,

Ordered that the judgment entered January 29, 1992, is reversed, on the law, the judgment entered November 14, 1991, is vacated, and a new trial is granted, with costs to abide...

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