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FLYNN v. LONG ISLAND RAIL RD.

37 A.D.2d 595 (1971)

Rose M. Flynn, Individually and as Administratrix of The Estate of Joseph O. Flynn, Deceased, Appellant, v. Long Island Rail Road, Respondent James D. Caniano, Individually and as Administrator of The Estate of Janet A. Caniano, an Infant, Appellant, v. Long Island Rail Road, Respondent

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

June 14, 1971

Judgment reversed, on the law, with costs to appellants jointly, and new trial granted.

The dismissal of the complaints was made upon the opening jury statement of plaintiffs' counsel. In his oral decision the learned trial court stated that the case at bar, in his view was "on all fours" with Kline v. Long Is. R. R. Co. (17 A.D.2d 988, affd. 13 N.Y.2d 773), wherein the dismissal of a complaint...

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