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SALVIA v. LONG ISLAND R.R.

207 A.D.2d 534 (1994)

616 N.Y.S.2d 93

Michael Salvia et al., Plaintiffs, v. Long Island Railroad, Defendant and Third-Party Plaintiff-Respondent. William Istel, Third-Party Defendant; Stephen Marcotte, Third-Party Defendant-Appellant

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

August 29, 1994

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion granted and the third-party complaint is dismissed insofar as it is asserted against the appellant, and the third-party action against the remaining third-party defendant is severed.

While drinking beer with the third-party defendants William Istel and Stephen Marcotte on the railroad tracks of the Long Island Railroad (hereinafter the LIRR), the plaintiff Michael Salvia...

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