Daniels v. Long Island R.R.

• Court: New York Supreme Court — Appellate Division
• Citation: Daniels v. Long Island R.R., 685 N.Y.S.2d 637 (N.Y. App. Div. 1999)
• Decision Date: 29 March 1999
• Parties: 1999 N.Y. Slip Op. 2646 Patricia DANIELS, etc., et al., Appellants, v. LONG ISLAND RAILROAD, et al., Respondents. . Supreme Court of New York, Appellate Division, Second Department
• Writing for the Court: O'BRIEN

Page 637

685 N.Y.S.2d 637

1999 N.Y. Slip Op. 2646

Patricia DANIELS, etc., et al., Appellants, v. LONG ISLAND RAILROAD, et al., Respondents.

Supreme Court of New York, Appellate Division Second Department.

Supreme Court of New York, Appellate Division Second Department.

March 29, 1999.

Fisher Fallon, LLP, New York, N.Y. (Richard Betlesky of counsel), for appellants.

Michael R. Ambrecht, Jamaica, N.Y. (William J. Blumenschein of counsel), for respondents.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Schmidt, J.), dated January 20, 1998, as granted the defendants' cross motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is denied, and the complaint is reinstated.

The infant plaintiff was allegedly injured when he gained access to railroad tracks owned and operated by the defendants, and while playing on the defendants' property, sustained an electric shock...