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  5. 27 N.Y.2d 39 (1970)
 

MEAGHER v. LONG IS. R.R. CO.

27 N.Y.2d 39 (1970)

Marie Meagher, as Executrix of Edward Meagher, Deceased, Respondent, v. Long Island Rail Road Company, Appellant.

Court of Appeals of the State of New York.

Decided July 1, 1970.

Attorney(s) appearing for the Case

John A. Stichter, Carl E. Newton and Charles A. Crum for appellant.

Isidore Halpern, Martin Fogelman and John D. Calamari for respondent.

Judges SCILEPPI, BERGAN and BREITEL concur with Judge JASEN; Judge GIBSON dissents and votes to affirm in a separate opinion in which Chief Judge FULD and Judge BURKE concur.

JASEN, J.

This is an action to recover for the death of plaintiff's testator alleged to have been caused through the negligence of the defendant. For a number of years, the decedent regularly used the Long Island Rail Road in commuting between his Williston Park home and his place of employment in New York City.

On July 20, 1966, the decedent called his wife to inform her that he had "missed his East Williston...

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