BARRA v. NORFOLK SOUTHERN RAILWAY COMPANY

509114,

75 A.D.3d 821 (2010)

907 N.Y.S.2d 70

NICHOLAS J. BARRA et al., Appellants, v. NORFOLK SOUTHERN RAILWAY COMPANY, Respondent.

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

Decided July 8, 2010.


Garry, J.

Plaintiffs are owners of properties on the eastern shore of Cayuga Lake in the Town of Lansing, Tompkins County, in an area that is bounded to the west by the lake and to the east by railroad tracks owned by defendant. For decades, three at-grade railroad crossings were located within an approximately 825-foot span of defendant's railroad tracks adjacent to the area, part of which is known as Ladoga Park; however, in March 2008, defendant closed the middle...

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