Order reversed, on the law, with $20 costs and disbursements, defendant's cross motion granted and plaintiff's motion dismissed as academic.
On November 19, 1971, plaintiff's decedent was struck and killed by a Long Island Railroad (LIRR) train. This action was thereafter duly commenced against defendant, the Metropolitan Transportation Authority (MTA). No action was brought against LIRR. Plaintiff seeks to recover damages from the MTA for the alleged negligence of...
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