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O'CONNOR v. LONG ISLAND R.R.

63 A.D.2d 1015 (1978)

Kathleen O'Connor et al., Individually and as Administratrices of The Estate of Eugene Hennelly, Deceased, Appellants, v. Long Island Railroad, Respondent

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

June 26, 1978

Order affirmed, without costs or disbursements.

The acts upon which this action is based occurred on August 5, 1972. By order dated August 10, 1973, plaintiffs were permitted to serve and file a notice of claim against the Metropolitan Transportation Authority nunc pro tunc. The notice was served on August 20, 1973 and a summons and complaint, asserting causes of action for wrongful death and conscious pain and suffering against the authority as sole defendant...

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