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MAZZUKA v. LONG ISLAND RAIL RD.

73 A.D.2d 959 (1980)

Joseph Mazzuka, as Administrator of The Estate of Marie Mazzuka, Deceased, v. Long Island Rail Road et al., Respondents, et al., Defendants

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

January 28, 1980

Judgment affirmed, without costs or disbursements.

Although a plaintiff in a wrongful death action is entitled to the benefit of every favorable inference which can reasonably be drawn from the evidence (Swensson v New York, Albany Desp. Co., 309 N.Y. 497), not every case raises a factual issue which must be submitted to the jury (Scurti v City of New York, 40 N.Y.2d 433). Affording...

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