DE ROSE v. N. J. TR. RAIL


165 A.D.2d 42 (1991)

Jean De Rose, as Administrator of The Estate of Leslie De Rose, Deceased, Respondent, v. New Jersey Transit Rail Operations, Appellant

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

January 31, 1991


Attorney(s) appearing for the Case

Johnston & McShane, P. C. (Bruce W. McShane of counsel), for appellant.

Moloney & Anker (Benjamin R. Anker and Gary A. Farole of counsel), for respondent.

CASEY, J. P., MIKOLL, LEVINE and HARVEY, JJ., concur.


YESAWICH, JR., J.

The infant decedent, a New York resident, was fatally injured when a commuter train operated by defendant struck him as he attempted to cross railroad tracks in the Village of Spring Valley, Rockland County. Decedent's father, who was appointed administrator of the estate, commenced this wrongful death action in Supreme Court against the New Jersey defendant. Defendant's answer included affirmative...

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