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MUDGETT v. LONG ISLAND RAIL ROAD

2009-11257.

81 A.D.3d 614 (2011)

915 N.Y.S.2d 649

MARIE MUDGETT et al., Appellants, v. LONG ISLAND RAIL ROAD, Respondent, et al., Defendant.

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

Decided February 24, 2011.

Ordered that the order dated October 14, 2009, is affirmed insofar as appealed from, with costs.

"`Motions for reargument are addressed to the sound discretion of the court which decided the prior motion and may be granted upon a showing that the court overlooked or misapprehended the facts or law or for some [other] reason mistakenly arrived at its earlier decision'" (Barnett v Smith, 64 A.D.3d 669, 670-671 [2009],...

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