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ASTRO READY MIX, LLC v. MTA LONG IS. R.R.

2020-04444. Index No. 625521/18.

217 A.D.3d 816 (2023)

2023 NY Slip Op 03324

Astro Ready Mix, LLC, et al., Appellants, v. MTA Long Island Railroad et al., Respondents.

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

Decided June 21, 2023.

Attorney(s) appearing for the Case

Scott Lockwood , Deer Park, NY, for appellants.

Paige Graves , Jamaica, NY ( Brian K. Saltz of counsel), for respondents.

Duffy, J.P., Chambers, Maltese and Wooten, JJ., concur.

In an action to recover damages for negligence, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (William G. Ford, J.), dated May 6, 2020. The order granted the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint for lack of subject matter jurisdiction.

Ordered that the order is affirmed, with costs.

Pursuant to an agreement between the plaintiff Giaquinto Brothers, LLC, and nonparty New York & Atlantic Railway...

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