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WEBSTER v. TOWN OF SAUGERTIES

25 A.D.3d 861 (2006)

807 N.Y.S.2d 198

PAULETTE WEBSTER, Individually and as Administrator of the Estate of JAMES J. WEBSTER, Deceased, Respondent, v. TOWN OF SAUGERTIES et al., Respondents, et al., Defendant, and NORTHEAST SOLITE CORPORATION, Appellant.

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

January 5, 2006.

Cardona, P.J.

Plaintiff's decedent was killed in April 2002 when the tractor-trailer he was operating was struck by a freight train at the Tissal Road railway crossing east of the Kings Highway intersection in the Town of Saugerties, Ulster County. Following commencement of the instant action,1 defendant Northeast Solite Corporation (hereinafter defendant) moved for summary judgment dismissing the complaint against it. Supreme Court denied...

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