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Thomas P. Pendergast v. Consolidated Rail Corporation, Also Known as Conrail
—Order unanimously modified on the law and as modified affirmed without costs in accordance with same Memorandum as in Wylie v Consolidated Rail Corp. (198 AD2d 884 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Whelan, J. — Discovery.) Present — Pine, J. P., Fallon, Davis and Boehm, JJ.
