Reeve v. Long Island Rail Road

• Decision Date: 21 March 2006
• Docket Number: 2004-08512.
• Citation: Reeve v. Long Island Rail Road, 27 AD3d 636, 811 N.Y.S.2d 779, 2006 NY Slip Op 2183 (N.Y. App. Div. 2006)
• Parties: MARK REEVE, Appellant, v. LONG ISLAND RAIL ROAD et al., Respondents, et al., Defendants.
• Court: New York Supreme Court — Appellate Division

27 A.D.3d 636

811 N.Y.S.2d 779

2006 NY Slip Op 02183

MARK REEVE, Appellant, v. LONG ISLAND RAIL ROAD et al., Respondents, et al., Defendants.

2004-08512.

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

March 21, 2006.

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Hart, J.), dated July 19, 2004, as granted the motion of the defendants Long Island

Rail Road and Metropolitan Transportation Authority for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with costs to the defendant Long Island Rail Road.

The plaintiff commenced this action to recover damages for personal injuries he sustained on September 13, 2000 when he was struck by a Long Island Rail Road train while lying upon the tracks east of the Riverhead Station in Suffolk County. Before he was struck by the train the plaintiff left a local bar and walked through a parking lot and onto the Long Island Rail Road tracks to take a short cut home. The plaintiff could not recall how he ended up lying upon the...