Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the respondent.
The plaintiff, an employee of the defendant Long Island Rail Road (hereinafter the LIRR) contends that on September 20, 1994, he was injured when he fell after the codefendant, Benjamin Cook, a fellow employee, intentionally bumped into him. Thereafter Cook was charged by the LIRR with "[c]onduct unbecoming an...
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