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CLEMENTONI v. CONSOLIDATED RAIL CORPORATION

8 N.Y.3d 963 (2007)

868 N.E.2d 187

836 N.Y.S.2d 507

CRAIG CLEMENTONI, Appellant, v. CONSOLIDATED RAIL CORPORATION, Also Known as CONRAIL, et al., Defendants, and PAUL SKOWRON, as Voluntary Administrator of the Estate of RAYMOND SKOWRON, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 3, 2007.

Attorney(s) appearing for the Case

Paul William Beltz, P.C., Buffalo (Debra A. Norton of counsel), for appellant.

Gibson, McAskill & Crosby, LLP, Buffalo (C. Christopher Bridge and Tara N.K. Cross of counsel), for Harold M. Gardner and another, respondents.

O'Neill, Feeley & Brownell, Buffalo (Michael T. Feeley of counsel), for Paul Skowron, respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur; Judge PIGOTT taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

This appeal arises out of the collision of an automobile driven by plaintiff Craig Clementoni and a train operated by the Consolidated Rail Corporation (Conrail). The accident occurred at around 6:00 P.M. on September 27, 1994, as plaintiff was driving across a set of railroad tracks at an unmarked grade crossing intersecting a private gravel road...

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