Legal Opinion
E. Mower & Son, Inc. v. Consolidated Rail Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 23, 1998PublishedCited by 2 opinions
1Opinion of the Court
—Peters, J.
Appeals (1) from an order of the Supreme Court (Torraca, J.), entered January 24, 1997 in Ulster County, which granted defendant’s motion for summary judgment dismissing the complaint, and (2) from the judgment entered thereon.
On October 12, 1995, plaintiff’s driver, Richard Valk, was delivering a load of gypsum to Independent Cement Plant in the Town of Catskill, Greene County. Fully familiar with this route, Valk noted that railroad tracks crossed the access road, visible from US Route 9W as it ran parallel to the tracks. Valk testified that there were no warning signs or gates…
2Cases cited6 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Vasquez v. Consolidated Rail Corp.Appellate Division of the Supreme Court of the State of New York · 1992
- Miller v. Town of FentonAppellate Division of the Supreme Court of the State of New York · 1998
- Delaney v. Town of OrangetownAppellate Division of the Supreme Court of the State of New York · 1974
- Hessner v. Delaware & Hudson Railway Co.New York Court of Appeals · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Budik v. CSX Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Russell v. FuscoAppellate Division of the Supreme Court of the State of New York · 1999