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DEL COSTELLO v. DELAWARE RY.

274 A.D.2d 19 (2000)

711 N.Y.S.2d 77

PHILIP A. DEL COSTELLO et al., Respondents, v. DELAWARE AND HUDSON RAILWAY COMPANY, INC., Appellant.

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

July 20, 2000.

Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P. C., Albany (Scott A. Barbour of counsel), for appellant.

Horigan, Horigan & Lombardo, P. C., Amsterdam (Derek L. Hayden of counsel), for respondents.

MERCURE, J.P., PETERS, GRAFFEO and MUGGLIN, JJ., concur.

OPINION OF THE COURT

CARPINELLO, J.

On the afternoon of January 15, 1994, plaintiff Philip A. Del Costello (hereinafter plaintiff) was snowmobiling with several companions upon a right-of-way adjacent to railroad tracks owned by defendant when his snowmobile collided with a train. The train was also owned by defendant. According to deposition testimony of the engineer operating the train that day, the northbound snowmobilers were between 50 and 100 yards...

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