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LYNCH v. METROPOLITAN TRANSPORTATION AUTHORITY

2009-10318.

82 A.D.3d 716 (2011)

917 N.Y.S.2d 685

PHELIN LYNCH, Deceased, by FELIN LYNCH, as Administrator, Appellant, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Respondents.

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

Decided March 1, 2011.

Ordered that the order is affirmed, with costs.

On the evening of November 8, 2007, the 16-year-old decedent, Phelin Lynch, and his friend were walking on or along train tracks belonging to the defendant Long Island Rail Road (hereinafter together with the defendant Metropolitan Transportation Authority the defendants). The two had recently left a party where they had been drinking alcohol. Around 10:40 P.M., the friend...

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