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MUDGETT v. LONG ISLAND RAIL ROAD

2009-07499.

81 A.D.3d 612 (2011)

917 N.Y.S.2d 220

MARIE MUDGETT et al., Respondents, v. LONG ISLAND RAIL ROAD, Appellant, and TOWN OF HEMPSTEAD, Respondent.

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

Decided February 24, 2011.

Ordered that the appeal from so much of the order as granted that branch of the plaintiffs' motion which was for summary judgment on the complaint insofar as asserted against the defendant Long Island Rail Road is dismissed, as that portion of the order was superseded by an order of the same court dated October 14, 2009, made upon reargument (see Mudgett v Long Is. R.R., 81 A.D.3d 614 [2011] [decided herewith]); and it is further...

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