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MATTER OF METRO-NORTH TRAIN ACCIDENT OF FEBRUARY 3, 2015

2018-06389, 2018-08521. Index No. 64924/15.

178 A.D.3d 931 (2019)

2019 NY Slip Op 09006

In the Matter of Metro-North Train Accident of February 3, 2015, in the Town of Mount Pleasant, New York. Jill Shiner Vandercar et al., Respondents; Metro-North Commuter Railroad et al., Appellants.

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

Decided December 18, 2019.

Attorney(s) appearing for the Case

Landman Corsi Ballaine & Ford P.C., New York, NY (William G. Ballaine, Philip J. DiBerardino, and Theresa Frame of counsel), for appellants Metro-North Commuter Railroad, Metropolitan Transportation Authority, Argent Ventures, LLC, and Midtown TDR Ventures, and The Kantor Law Firm, PLLC, Buffalo, NY (Steven L. Kantor of counsel), for appellants Steven Smalls, Jr., and Lacey Smalls (one brief filed).

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York, NY (Richard M. Steigman and D. Allen Zachary of counsel), for respondents Kopet, Nadol, Ueda, and on behalf of the plaintiffs' Steering Committee.

Mastro, J.P., Chambers, Leventhal and Christopher, JJ., concur.

Ordered that the order dated May 23, 2018, is affirmed insofar as appealed from; and it is further,

Ordered that the order dated July 9, 2018, is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents.

This action consolidates, for discovery and trial, 19 actions for wrongful death and personal injuries arising from the February 3, 2015, collision between a northbound Metro-North commuter train and a car in the Commerce...

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