Pendergast v. Consolidated Rail Corp.

—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.