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LOCK v. CONSOLIDATED RAIL CORP.

15 A.D.3d 971 (2005)

789 N.Y.S.2d 360

SUZANNE LOCK, as Administrator of the Estate of JOHN LOLO, Deceased, Appellant, v. CONSOLIDATED RAIL CORPORATION, Also Known as Conrail, et al., Respondents, and PRECISION ELECTRO MINERALS CO., INC., Appellant.

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

February 4, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of the motion of defendant Consolidated Rail Corporation, also known as Conrail, Conrail, Inc., for partial summary judgment, reinstating the claims of negligence in the selection and installation of the Hayes derail switch against it, denying in part the motions of defendants DeLeuw, Cather & Company of New York, Inc. and Frontier Railway...

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