Poole v. Consolidated Rail Corp.

178 A.D.2d 944 Court N.Y. App. Div. Decision date 1991-12-26 Docket Appeal No. 3 English

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p. 944

David L. Poole, Respondent, v Consolidated Rail Corporation, Appellant.

(Appeal No. 3.)

— Order affirmed without costs. Same Memorandum as in Poole v Consolidated Rail Corp. ([appeal No. 2] 178 AD2d 941 [decided herewith]).

All concur, except Boomer and Lawton, JJ., who dissent and vote to dismiss appeal as moot. (Appeal from Order of Supreme Court, Erie County, Flaherty, J. — Set Aside Verdict.) Present — Callahan, J. P., Boomer, Green, Lawton and Davis, JJ.