DELANEY v. TOWN OF ORANGETOWN


44 A.D.2d 396 (1974)

Richard Delaney, Respondent, v. Town of Orangetown et al., Defendants, and New York Central Railroad Company, Now Known as The Penn Central Transportation Company, Debtor in Reorganization, Appellant

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

May 6, 1974.


Attorney(s) appearing for the Case

Robert M. Peet (William F. McNulty and Anthony J. McNulty of counsel), for appellant.

Dempsey, Spring, O'Keeffee & Florence (Arthur J. Spring and Thomas P. Curtin of counsel), for respondent.

GULOTTA, P. J., and MARTUSCELLO, J., concur with SHAPIRO, J.; MUNDER, J., dissents and votes to reverse and to dismiss the complaint, in an opinion, in which BENJAMIN, J., concurs.


SHAPIRO, J.

The defendant New York Central Railroad Company appeals from a judgment entered against it upon a jury verdict of $117,500 in favor of the plaintiff in this personal injury action. Viewing the facts in the light most favorable to the plaintiff (as we should in a case of this kind [Faber v. City of N. Y., 213 N.Y. 411; Scanlon v. Temple, 271 App. Div. 920, revd. on other grounds 297 N...

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