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CARPENTER v. BROWNING-FERRIS

192 Misc.2d 793 (2002)

747 N.Y.S.2d 708

BONNIE L. CARPENTER, Plaintiff, v. BROWNING-FERRIS INDUSTRIES, INC., Also Known as BROWNING-FERRIS INDUSTRIES-NIAGARA DISTRICT, et al., Defendants.

Supreme Court, Erie County.

August 27, 2002.

Attorney(s) appearing for the Case

John J. Fromen (John J. Fromen, Jr., of counsel), for plaintiff.

Phillips, Lytle, Hitchcock, Blaine & Huber (Michael B. Powers of counsel), for Browning-Ferris Industries, Inc., and another, defendants.

Smith, Murphy & Schoepperle (Dennis P. Mescall of counsel), for Niagara Street Realty, Inc., and others, defendants.

OPINION OF THE COURT

JOHN P. LANE, J.

This action, arising from an accident that occurred on September 6, 1990, was commenced in May 1993. From its inception, the case was assigned to Honorable Robert E. Whelan. As of January 1, 2002, when Justice Whelan was transferred to the expedited Matrimonial Part of this court for Erie County, the case was reassigned to me.

In late 2001, while the case was still...

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