1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 202 A.D.3d
  5. 202 A.D.3d 74 (2021)
 

KUNNEMEYER v. LONG IS. R.R.

2018-12287. Index No. 48032/09.

202 A.D.3d 74 (2021)

161 N.Y.S.3d 133

2021 NY Slip Op 07281

BENJAMIN KUNNEMEYER, Appellant, v. LONG ISLAND RAILROAD, Doing Business as MTA LONG ISLAND RAILROAD (LIRR), Respondent, et al., Defendant.

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

Decided December 22, 2021.

Attorney(s) appearing for the Case

Bisogno & Meyerson, LLP (Law Office of Judah Z. Cohen, PLLC, Woodmere, of counsel), for appellant.

Stephen Papandon , Jamaica ( Andrew Muccigrosso of counsel), for respondent.

LASALLE, P.J., AUSTIN and ZAYAS, JJ., concur.

OPINION OF THE COURT

For more than a century, New York courts have recognized the so-called "open run" defense, which permits a train engineer who sees a person on or near the tracks ahead to assume, under certain circumstances, that the person will notice the oncoming train and leave the tracks in time to avoid an accident...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases