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ALBANO v. LONG ISLAND R.R. CO.

122 A.D.2d 923 (1986)

Carol A. Albano, Respondent, v. Long Island Railroad Company, Appellant

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

August 25, 1986

Order reversed, on the law, with costs, the plaintiff's motion denied, the defendant's cross motion granted, and the complaint dismissed.

The plaintiff's decedent was struck and killed on June 11, 1980, in a collision between his vehicle and a train owned by the defendant the Long Island Rail Road Company. The plaintiff commenced this action by service of a summons and complaint on July 21, 1980. The complaint failed to...

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