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Flood v. CSX Transportation

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


March 19, 2010

DIANE FLOOD, AS GUARDIAN OF THE PERSON AND PROPERTY OF ANNE MARIE FLOOD, AN INCAPACITATED PERSON, RESPONDENT,
v.
CSX TRANSPORTATION, INC., APPELLANT, ET AL., DEFENDANT.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered July 2, 2009 in a personal injury action. The order, inter alia, denied the motion of defendant CSX Transportation, Inc. to compel the deposition of plaintiff's expert.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 28, 2010

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Present---Scudder, P.J., Carni, Green and Gorski, JJ.

20100319

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