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FLEMING v. LONG IS. R. R.

130 A.D.2d 59 (1987)

Mark Fleming et al., Respondents, v. Long Island Railroad, Appellant

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

July 20, 1987

Attorney(s) appearing for the Case

Metnick & Bernstein, P. C. (Roy Schuchman and Seymour H. Metnick of counsel), for appellant.

Rosenbaum Wise Lerman & Katz (Wilson, Elser, Moskowitz Edelman & Dicker [Thomas W. Hyland, James L. Fischer and John W. Manning] of counsel), for respondents.

THOMPSON, J. P., LAWRENCE and WEINSTEIN, JJ., concur.

HARWOOD, J.

This action stems from an incident which occurred on April 10, 1979, when the plaintiff Mark Fleming allegedly sustained injuries as a result of a fall between the station platform and the railroad car of a Long Island Railroad commuter train from which he was disembarking at the Jamaica Station.

In a prior decision in this case (see, Fleming v Long Is. R. R.,

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