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NOONAN v. LONG ISLAND R.R.

158 A.D.2d 392 (1990)

William Noonan, Respondent, v. Long Island Railroad et al., Appellants

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

February 20, 1990

Plaintiff commenced this action against both the Metropolitan Transportation Authority (MTA) and Long Island Railroad (LIRR) to recover for personal injuries suffered when, while crossing tracks and property of the LIRR located in Kings Park in Suffolk County, he tripped and fell over a railroad spike which was raised and out of position.

The MTA moved to dismiss the complaint against it claiming that it is not a proper...

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