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MALTAGHATI v. LONG ISLAND RAIL RD. CO.

159 A.D.2d 697 (1990)

Enrico Maltaghati, as Executor of Martino Maltaghati and Another, Deceased, Respondent, v. Long Island Rail Road Company et al., Appellants, et al., Defendants. (And Third- and Fourth-Party Actions.)

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

March 26, 1990

Ordered that the order is reversed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for an immediate trial pursuant to CPLR 3212 (c) in accordance herewith.

We conclude that the Supreme Court erred in summarily denying the motion by the defendants Long Island Rail Road Company and Metropolitan Transit Authority to dismiss the complaint insofar as it is asserted against...

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