CRUZ v. LONG IS. R.R.


28 A.D.2d 282 (1967)

Ramona Cruz, as Administratrix of The Estate of Gilberto Cruz, Deceased, Appellant, v. Long Island Rail Road Company, Respondent

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

November 28, 1967.


Attorney(s) appearing for the Case

Robert Klonsky for appellant.

William F. McNulty of counsel (Anthony J. McNulty with him on the brief; George M. Onken, attorney), for respondent.

BOTEIN, P. J., TILZER, RABIN and McGIVERN, JJ., concur.


EAGER, J.

The plaintiff in this wrongful death action appeals from a judgment entered upon a dismissal of the complaint by the Trial Judge at the close of the evidence.

The action was brought to recover for the death of a pedestrian struck by defendant's engine in the daytime at the Maspeth Avenue railroad crossing in Queens County. There were no eyewitnesses to the striking of the decedent by defendant...

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