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BROWN v. LONG ISLAND RAIL ROAD

304 A.D.2d 601 (2003)

758 N.Y.S.2d 150

ARNOLD BROWN, Appellant, v. LONG ISLAND RAIL ROAD et al., Respondents.

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

Decided April 14, 2003.

Ordered that the judgment is affirmed, with costs.

The plaintiff was injured when he was struck by a train owned and operated by the defendants. The accident occurred during the evening hours of March 20, 1991. The plaintiff had unlawfully gained access to the train tracks by ascending an embankment which was located in the vicinity of Carson Street and 139th Avenue in Queens. The plaintiff thereafter commenced this action to recover damages for personal injuries...

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