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BARDIN v. CONSOLIDATED RAIL CORPORATION

270 A.D.2d 696 (2000)

704 N.Y.S.2d 710

BRUCE A. BARDIN, Respondent, v. CONSOLIDATED RAIL CORPORATION, Appellant.

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

Decided March 16, 2000.

Mercure, J. P.

Plaintiff, employed by defendant as a freight train conductor, was injured in a September 1995 incident. While in the process of preparing a train for departure, plaintiff noticed that the hand brake was engaged on the lead freight car. Plaintiff made repeated efforts to release the brake, both utilizing the automatic release lever and by manually turning the brake wheel, but it remained stuck. While making...

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