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BROWN v. LONG ISLAND RAILROAD COMPANY

32 A.D.3d 813 (2006)

821 N.Y.S.2d 133

NANCY BROWN, Respondent, v. LONG ISLAND RAILROAD COMPANY, Also Known as LONG ISLAND RAILROAD, et al., Respondents, et al., Defendant, and INCORPORATED VILLAGE OF LYNBROOK, U.S.A., Appellant.

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

September 12, 2006.

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

On July 14, 2002 10-year-old Kevin Brown was fatally injured when he allegedly came into contact with the electrified third rail of railroad tracks owned and/or maintained by the defendants Long Island Railroad Company, also known as Long Island Railroad, and Metropolitan Transportation Authority. Brown allegedly entered onto the railroad tracks through...

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