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RUSSELL v. FUSCO

267 A.D.2d 738 (1999)

699 N.Y.S.2d 798

MICHAEL RUSSELL et al., Respondents, v. EMILO A. FUSCO et al., Defendants, and DELAWARE AND HUDSON RAILWAY COMPANY, INC., Appellant.

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

Decided December 16, 1999.

Graffeo, J.

Plaintiff Michael Russell (hereinafter plaintiff) and his wife, derivatively, commenced this negligence action to recover damages for personal injuries he sustained in March 1992 in a collision between his automobile and a train operated by defendant Delaware and Hudson Railway Company, Inc. (hereinafter D & H). At the time of the accident, plaintiff was traveling on a private road owned and maintained by defendants Emilo A. Fusco, David Fusco, Rudy...

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