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ADAMY v. SOUTH BUFFALO RAILWAY COMPANY

298 A.D.2d 999 (2002)

751 N.Y.S.2d 798

DONALD ADAMY, Respondent, v. SOUTH BUFFALO RAILWAY COMPANY, Appellant.

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

Decided October 1, 2002.

Motion for reargument granted and, upon reargument, the last sentence of the first paragraph of the memorandum and the ordering paragraph of the memorandum-order entered May 3, 2002 (294 A.D.2d 801) are amended by providing that a new trial is granted on liability only and the memorandum is further amended by deleting the first sentence of the last paragraph and substituting in its place the following sentence: "Finally,

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