Zellman v. Metropolitan Transportation Authority

This action to recover damages for personal injuries and wrongful death arises out of an alleged grade Crossing accident in Wyandanch, Long Island, on April 26,1970. The plaintiff’s decedent was purportedly struck by a train operated by the individual defendant, who is an employee of defendant Long Island Bail Road Company (hereafter referred to as LIRE), which in turn is a subsidiary of defendant Metropolitan Transportation Authority.

Following the joinder of issue the defendants unsuccessfully moved for summary judgment pursuant to CPLR 3212 or, in the alternative, for an order pursuant to…