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HYDE v. LONG ISLAND RAILROAD COMPANY

277 A.D.2d 425 (2000)

717 N.Y.S.2d 231

THOMAS M. HYDE et al., Respondents, v. LONG ISLAND RAILROAD COMPANY et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 27, 2000.

Ordered that the order is affirmed, with one bill of costs.

The injured plaintiff testified at his deposition that he tripped over a pipe which was protruding from the ground on property allegedly under the control of the defendants. The defendants correctly contend that at times during his deposition, the injured plaintiff stated that he remembered nothing about the fall and that he never came into contact with the pipe...

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