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WORTMANN v. LONG ISLAND LIGHTING CO.

63 A.D.2d 969 (1978)

Edward Wortmann, Plaintiff, v. Long Island Lighting Company, Respondent, and Long Island Railroad et al., Appellants, et al., Defendants

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

June 5, 1978

Order affirmed insofar as appealed from, with $50 costs and disbursements.

Appellants' argument that a prior action was res judicata on the issue of LILCO's negligence is without merit (see Greenberg v City of Yonkers, 45 A.D.2d 314, affd 37 N.Y.2d 907). The issue of LIRR's negligence was never presented to the trier of the facts in the prior action. The court's finding in that action...

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