MOONEY v. LONG ISLAND RAIL ROAD


305 A.D.2d 560 (2003)

759 N.Y.S.2d 380

KAREN MOONEY et al., Appellants, v. LONG ISLAND RAIL ROAD, Respondent. (Action No. 1.) CHRISTOPHER CAVANAGH et al., Appellants, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Respondents. (Action No. 2.)

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

Decided May 19, 2003.


Ordered that the order is affirmed, with one bill of costs.

The defendants established their prima facie entitlement to summary judgment dismissing the complaints. In response, the plaintiffs failed to raise a triable issue of material fact as to the defendants' negligence. There was no evidence in the record that the infant plaintiffs were injured as a result of the defendants' failure to properly maintain safety equipment at a pedestrian crossing over railroad tracks...

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