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Farnham v. Kittinger

168 A.D.2d 923 Court N.Y. App. Div. Decision date 1990-12-21 Docket Appeal No. 2 English

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p. 923
Timothy J. Farnham, Respondent, v Aaron L. Kittinger, Defendant, and Consolidated Rail Corporation et al., Appellants.
(Appeal No. 2.)

— Appeal from order, insofar as it reserved decision on defendants’ motions for summary

p. 924
judgment, unanimously dismissed, and order otherwise affirmed without costs. Same memorandum as in Cobb v Kittinger ([appeal No. 1] 168 AD2d 923 [decided herewith]). (Appeal from order of Supreme Court, Chautauqua County, Ricotta, J. —summary judgment.) Present—Dillon, P. J., Doerr, Green, Pine and Davis, JJ.