Thompson v. Consolidated Rail Corp.

—Appeals and cross appeal from an order of Supreme Court, Erie County (Fahey, J.), entered July 19, 2002, which, inter alia, denied the motion of third-party defendant seeking summary judgment dismissing the third-party complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the cross motion in part and dismissing the affirmative defense of comparative negligence and as modified the order is affirmed without costs.

Memorandum: Michael Thompson (plaintiff) commenced this action seeking damages for injuries he allegedly…