CATAPANO v. LONG ISLAND RAIL ROAD


24 A.D.3d 491 (2005)

806 N.Y.S.2d 690

GAETANO CATAPANO, Respondent, v. LONG ISLAND RAIL ROAD, Appellant, et al., Defendants.

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

December 12, 2005.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the motion of the defendant Long Island Rail Road (hereinafter the LIRR) for summary judgment dismissing the complaint insofar as asserted against it. In opposition to the LIRR's prima facie showing of entitlement to judgment as a matter of law, the plaintiff raised triable issues of fact. The plaintiff submitted, inter alia, an affidavit from an expert who opined...

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