Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff, an employee of the Long Island Rail Road Co. (hereinafter the LIRR), was injured while traveling to work on a LIRR train using a free pass. The plaintiff subsequently retained the defendants to commence an action on his behalf against the LIRR to recover damages for his personal injuries. The defendants initially commenced an action on behalf of the plaintiff in Federal court under...
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