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MILLER v. CONSOLIDATED RAIL CORPORATION

41 A.D.3d 948 (2007)

837 N.Y.S.2d 783

PETER MILLER, Respondent, v. CONSOLIDATED RAIL CORPORATION et al., Appellants.

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

Decided June 7, 2007.

Carpinello, J.

Defendant CSX Transportation, Inc. owns a parcel of property in Albany County known as the "Selkirk Yard" on which it operates a railroad yard. Within the Selkirk Yard is an area known as the "auto yard." The auto yard is a 55-acre parking lot containing 4,100 parking bays. Five high mast towers, as well as perimeter lights, illuminate the auto yard at night. During the course of a regular work day (i.e.,...

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