TANNEN v. LONG ISLAND RAIL RD.


215 A.D.2d 745 (1995)

627 N.Y.S.2d 417

Barry Tannen et al., Appellants, v. Long Island Rail Road, Respondent

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

May 30, 1995


Ordered that the judgment and order are affirmed, with costs.

In this action, the exact location of the accident constituted an important factual question on the issue of the defendant's liability. In support of the plaintiffs' posttrial motion, their counsel argued that a certain photograph, had it been admitted into evidence, "would have shown blood on the rail where the plaintiff's foot was severed". The defense counsel points out that this photograph was "never...

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