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CONSOL. RAIL CORP. v. COSGROVE

227 A.D.2d 689 (1996)

641 N.Y.S.2d 761

Consolidated Rail Corporation, Appellant, v. Bernard C. Cosgrove et al., Respondents

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

May 2, 1996

Peters, J.

On February 2, 1986, defendants were snowmobiling in the Town of Tusten, Sullivan County. As they attempted to cross railroad tracks owned by plaintiff, a ski on defendant Clara Cosgrove's snowmobile became lodged under a rail. Before they could dislodge the snowmobile, they noticed a train approaching. In an effort to avoid a collision with the snowmobile, the conductor of the train, Marcus Chacona...

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