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SLATTERY SKANSKA v. AM. HOME

5044.

67 A.D.3d 1 (2009)

885 N.Y.S.2d 264

2009 NY Slip Op 06368

SLATTERY SKANSKA INC. et al., Plaintiffs, and BOMBARDIER TRANSIT CORPORATION, Respondent, v. AMERICAN HOME ASSURANCE COMPANY, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 1, 2009.

Attorney(s) appearing for the Case

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success (Steven J. Ahmuty, Jr., Christopher Simone and Gerard S. Rath of counsel), and White Fleischner & Fino, LLP, for appellant.

McKenna Long & Aldridge LLP, New York City (Charles E. Dorkey III, Alan F. Kaufman and S. Jane Moffat of counsel), for respondent.

GONZALEZ, P.J., TOM, SWEENY and BUCKLEY, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

This action arises out of an accident that occurred on September 27, 2002, in which an AirTrain light rail transit test train derailed in a curve on the aerial guideway that runs between the Howard Beach station and the Federal Circle station near JFK International Airport in Jamaica, Queens.1 At the time of the accident, the test train, with no occupants except the train operator, was participating...

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