
    Thomas P. Pendergast, Respondent, v Consolidated Rail Corporation, Also Known as Conrail, Appellant.
    [605 NYS2d 994]
   —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.  