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SANTANIELLO v. DE FRANCISCO

73 Misc.2d 934 (1973)

Joseph Santaniello, as Administrator of The Estate of Theresa Santaniello, Deceased, Plaintiff, v. William De Francisco et al., Defendants.

Supreme Court, Special Term, Nassau County.

March 30, 1973

Attorney(s) appearing for the Case

Fontanelli & Fontanelli for plaintiff. De Santis, McGarry & Hargous for William De Francisco and another, defendants. George M. Onken for Metropolitan Transportation Authority and another, defendants.

BERTRAM HARNETT, J.

On March 29, 1970, Theresa Santaniello, while an automobile passenger, was struck and killed by a Long Island Railroad train at a crossing in Massapequa, New York. Within 90 days, her father Joseph served, without rejection, a notice of claim on the Long Island Railroad Company (LIRR) and the Metropolitan Transit Authority (MTA). On May 27, 1971, Mr. Santaniello was issued letters of administration...

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