This is a motion by the defendant Long Island Railroad Company (hereinafter LIRR) for summary judgment dismissing the complaint against it on the ground that the affirmative defense of "pass" in its amended answer is an absolute defense.
Plaintiff alleges that he sustained personal injuries on February 12, 1979 as a result of a fall at Jamaica Station, Queens. At the time of the accident, plaintiff was employed as a yardmaster...
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