Legal Opinion
Ordonez v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Decided August 5, 1985PublishedCited by 7 opinions
1Opinion of the Court
In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Queens County (Berkowitz, J.), entered December 1, 1983, which dismissed the complaint at the close of their case for failure to establish a prima facie case.
Judgment affirmed, with costs.
This action arises out of an accident which occurred on June 18, 1974, when the infant plaintiff John Ordonez made contact with an electrified third rail while holding a metal bar. As such, liability is governed by the contributory negligence rule (see, CPLR 1413), and plaintiffs are…
2Cases cited4 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Kush v. City of BuffaloNew York Court of Appeals · 1983
- Mack v. Altmans Stage Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Iacurci v. Lummus Co.Supreme Court of the United States · 1967
3Cited by7 opinions
- Point Productions A.G. v. Sony Music Entertainment, Inc.District Court, S.D. New York · 2002
- Wagshall v. WagshallAppellate Division of the Supreme Court of the State of New York · 1989
- Battista v. United StatesDistrict Court, S.D. New York · 1995
- Cunningham v. L.P.T.G. Farragut Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Howard v. Parsons' Child & Family CenterAppellate Division of the Supreme Court of the State of New York · 2003
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