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TISDELL v. METROPOLITAN TRANSP. AUTH.

2014-07977, Index No. 776/09.

139 A.D.3d 844 (2016)

30 N.Y.S.3d 701

2016 NY Slip Op 03732

MICHAEL TISDELL, Individually and as Administrator of the Estate of MITCHEL A. TISDELL, Deceased, et al., Respondents, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Appellants, et al., Defendants.

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

Decided May 11, 2016.

Ordered that the order entered June 17, 2014, is reversed insofar as appealed from, on the law, with costs, and, upon reargument, the motion of the defendants Metropolitan Transportation Authority and Long Island Rail Road for summary judgment dismissing the complaint insofar as asserted against them is granted.

Mitchel A. Tisdell (hereinafter the decedent) was struck and killed by an eastbound train operated by the defendant Long Island Rail Road (hereinafter the...

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