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  5. 74 N.Y.2d 39 (1989)
 

IANNOTTI v. CONSOL. RAIL

74 N.Y.2d 39 (1989)

Joseph A. Iannotti, Respondent, v. Consolidated Rail Corporation, Appellant.

Court of Appeals of the State of New York.

Decided June 13, 1989.

Attorney(s) appearing for the Case

G. Kimball Williams for appellant.

Richard A. Insogna for respondent.

Robert Abrams, Attorney-General (O. Peter Sherwood, Peter H. Schiff and Michael S. Buskus of counsel), for the State of New York, amicus curiae.

Judges ALEXANDER and TITONE concur with Judge HANCOCK, JR.; Chief Judge WACHTLER concurs in result in a separate opinion in which Judge BELLACOSA concurs; Judge SIMONS dissents and votes to affirm in another opinion in which Judge KAYE concurs.

HANCOCK, JR., J.

Plaintiff alleges that he was injured while riding his motorized trail bike within the City of Amsterdam along a stone and dirt right-of-way 20 to 25 feet wide adjacent to defendant's railroad tracks. The right-of-way, which had once formed the bed of a track, since abandoned, was used occasionally by railroad workmen as an access road for purposes of maintaining the existing tracks. In plaintiff...

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