Ross v. MTA Long Island Rail Road

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 (Plug, J.), dated January 29, 2004, as granted the motion of the defendant MTA Long Island Rail Road for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint insofar as asserted against the defendant MTA Long Island Rail Road is reinstated.

The Little Neck railroad station of the defendant…