Ordered that the order is affirmed, with costs.
The plaintiff allegedly was injured when he was struck by a train, and had no recollection of the accident as a result of traumatic amnesia. Both the train engineer and an eyewitness testified at their respective depositions that the plaintiff leaned his body over the tracks as the train was approaching the station, and was struck on the side of the head by the train.
"It is the established rule in New York and...
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