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ROSS v. MTA LONG ISLAND RAIL ROAD

17 A.D.3d 340 (2005)

793 N.Y.S.2d 86

HOWARD B. ROSS, Appellant, v. MTA LONG ISLAND RAIL ROAD, Respondent, et al., Defendant.

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

April 4, 2005.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint insofar as asserted against the defendant MTA Long Island Rail Road is reinstated.

The Little Neck railroad station of the defendant MTA Long Island Rail Road (hereinafter the LIRR) is designed such that the eastern entrance, which is a walkway leading to the boarding platform, can only be accessed via a dirt shoulder on the side of 39th Road...

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