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ZELLMAN v. METRO. TRANSP. AUTH.

40 A.D.2d 248 (1973)

Sandra Zellman, Individually and as Executrix of Robert Zellman, Deceased, Respondent, v. Metropolitan Transportation Authority et al., Appellants

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

January 8, 1973.

Attorney(s) appearing for the Case

Smith, Griffin & Young (John C. Young of counsel), for appellants.

Carlino, Pearsall & Soviero, P. C. (Joseph F. Soviero, Jr., and Edward A. McCoyd of counsel), for respondent.

HOPKINS, Acting P. J., MUNDER, GULOTTA and BENJAMIN, JJ., concur.

SHAPIRO, J.

This action to recover damages for personal injuries and wrongful death arises out of an alleged grade crossing accident in Wyandanch, Long Island, on April 26, 1970. The plaintiff's decedent was purportedly struck by a train operated by the individual defendant, who is an employee of defendant Long Island Rail Road Company (hereafter referred to as LIRR), which in turn is a subsidiary of defendant...

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