It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the first and fifth affirmative defenses are dismissed.
Memorandum:
Plaintiff commenced this action to recover damages for injuries he sustained when the vehicle in which he was a passenger struck railroad tracks while traveling at a high
Let's get started
![Leagle.com](https://www.leagle.com/images/logo.png)
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.