Legal Opinion

Noonan v. Long Island Railroad

Appellate Division of the Supreme Court of the State of New York

Decided February 20, 1990PublishedCited by 17 opinions

1Opinion of the Court

Plaintiff commenced this action against both the Metropoli*393tan Transportation Authority (MTA) and Long Island Railroad (LIRR) to recover for personal injuries suffered when, while crossing tracks and property of the LIRR located in Kings Park in Suffolk County, he tripped and fell over a railroad spike which was raised and out of position.

The MTA moved to dismiss the complaint against it claiming that it is not a proper party, since it is an entity separate and distinct from its subsidiary, the defendant LIRR.

It is undisputed that the property and equipment on which plaintiff claims to have…

2Cases cited3 opinions

  1. Cusick v. Lutheran Medical CenterAppellate Division of the Supreme Court of the State of New York · 1984
  2. Montez v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1974
  3. Schaefer v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by17 opinions

  1. Nussbaum v. Metro-North Commuter RailroadDistrict Court, S.D. New York · 2014
  2. Mayayev v. Metropolitan Transportation Authority BusAppellate Division of the Supreme Court of the State of New York · 2010
  3. Emerick v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
  4. Pappalardo v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 2007
  5. Soto v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005

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