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MILLER v. CONSOLIDATED RAIL CORPORATION

9 N.Y.3d 973 (2007)

878 N.E.2d 1015

848 N.Y.S.2d 599

PETER MILLER, Appellant, v. CONSOLIDATED RAIL CORPORATION et al., Respondents.

Court of Appeals of the State of New York.

Decided November 19, 2007.

Attorney(s) appearing for the Case

Buckley, Mendleson, Criscione & Quinn, Albany (John J. Criscione of counsel), for appellant.

McNamee, Lochner, Titus & Williams, P.C., Albany (Scott A. Barbour of counsel), for respondents.

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

OPINION OF THE COURT

MEMORANDUM.

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

Defendant CSX was entitled to summary judgment dismissing the complaint because plaintiff failed to raise a triable question of fact on the issue of whether CSX breached a duty of care it owed plaintiff as owner of the railroad yard where plaintiff was injured. Absent a hazardous condition or other circumstance giving rise to an obligation to provide...

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