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WILSON v. SOUTH BUFFALO RY. CO.

222 A.D.2d 1067 (1995)

635 N.Y.S.2d 879

Scott J. Wilson, Respondent, v. South Buffalo Railway Company, Appellant, et al., Defendants

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

December 22, 1995

Order unanimously reversed on the law without costs, motion granted and complaint against defendant South Buffalo Railway Company dismissed.

Memorandum:

Supreme Court erred in denying the motion of defendant South Buffalo Railway Company (South Buffalo) to dismiss the complaint pursuant to CPLR 3211 (a) (7). The complaint alleges that plaintiff was assaulted and negligently struck while on property owned by South Buffalo, and that South Buffalo permitted plaintiff...

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