WADHWA v. LONG ISLAND RAIL ROAD


13 A.D.3d 615 (2004)

788 N.Y.S.2d 148

AMARGEET WADHWA et al., Appellants, v. LONG ISLAND RAIL ROAD, Respondent.

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

December 27, 2004.


Ordered that the order is affirmed, with costs.

The plaintiff Amargeet Wadhwa was seriously injured when, after standing next to a signal case adjacent to the railroad tracks as one of the defendant's trains was slowly passing her on its way out of the Port Jefferson station, she walked to the tracks, squatted down near the middle of the passing train, and "disappeared" under it.

The Supreme Court properly granted the defendant's motion for summary judgment...

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