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DI VITA v. LONG ISLAND RAIL RD. CO.

40 A.D.2d 683 (1972)

Thomas Di Vita, as Administrator of The Estate of Pasquale Di Vita, Deceased, Appellant, v. Long Island Rail Road Company, Respondent

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

October 10, 1972

Judgment affirmed, with costs.

No opinion.

Benjamin, J., dissents and votes to reverse and grant a new trial, with the following memorandum:

As the decedent was walking across the Long Island Rail Road Company's east-west, double track at the Jackson Avenue crossing in Syosset, he was struck and killed by a train coming from the east on the south track. About 200 feet east of the accident site...

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