Bujosa v. Metropolitan Transportation Authority

In an action to recover damages for wrongful death and conscious pain and suffering, defendant appeals from an order of the Supreme Court, Nassau County, dated December 6, 1973, which (1) granted plaintiff’s motion for leave to file a statement of readiness and (2) denied defendant’s cross motion for summary judgment, without prejudice to renewal upon new papers. Order reversed, on the law, with $20 costs and disbursements, defendant’s cross motion granted and plaintiff’s motion dismissed as academic. On November 19, 1971, plaintiff’s decedent was struck and killed by a Long Island Railroad…