PANICO v. LONG ISLAND RAILROAD


262 A.D.2d 293 (1999)

691 N.Y.S.2d 556

JOSEPH PANICO, Appellant, v. LONG ISLAND RAILROAD, Respondent.

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

Decided June 1, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted the motion of the defendant, Long Island Railroad, for summary judgment dismissing the complaint. Under New York law, a carrier is generally not liable to its passengers for the misconduct of fellow passengers unless it anticipated or, in the exercise of reasonable care, ought to have anticipated, the likelihood of injury (see, Farmer v Green Bus Lines,<...

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