AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

KAREN MOONEY, ETC., ET AL., appellants, v. LONG ISLAND RAIL ROAD, respondent. (ACTION NO. 1) CHRISTOPHER CAVANAGH, ETC., ET AL., appellants,

DECISION ORDER

ORDERED that the order is affirmed, with one bill of costs.

The defendants established their prima facie entitlement to summary judgment dismissing the complaints. In response, the plaintiffs failed to raise a triable issue of material fact as to the defendants' negligence. There was no evidence in the record that the infant plaintiffs were injured as a result of the defendants' failure to properly maintain safety equipment at a pedestrian crossing over railroad tracks, or that the train failed to properly signal its approach to the crossing. The sole proximate cause of the infant plaintiffs' injuries was their reckless behavior in proceeding around a safety gate in the down position and crossing the tracks directly behind an eastbound train without first checking to see if a westbound train was approaching (see de Pena v. New York City Tr. Auth., 236 A.D.2d 209, 210; Avery v. N.Y.O. W. Ry. Co., 205 N.Y. 502, 506).

FLORIO, J.P., SCHMIDT, TOWNES and CRANE, JJ., concur.

Use AI to get other relevant cases.

Comments

MOONEY v. LONG ISLAND RAIL ROAD
(May 19, 2003)