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DURAN v. LONG ISLAND RAIL ROAD COMPANY

59 A.D.3d 386 (2009)

873 N.Y.S.2d 140

AMADO DURAN, Respondent, v. LONG ISLAND RAIL ROAD COMPANY, Appellant.

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

Decided February 3, 2009.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when he was struck by a Long Island Rail Road train while he was on the tracks. The plaintiff timely commenced an action to recover damages for the defendant's alleged negligence (hereinafter the first action). The allegations of the complaint in the first action allegedly presented an inaccurate version of how the plaintiff came to be on the tracks. The plaintiff moved for leave to...

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