Vince v. Boston & Maine Corp.

— Kane, J. P.

Appeal from an order of the Supreme Court (McDermott, J.), entered November 15, 1988 in Rensselaer County, which, inter alla, denied defendant Boston & Maine Corporation’s motion for summary judgment dismissing the complaint against it.

*798Plaintiff was seriously injured on April 24, 1984 while riding as a passenger in the rear seat of a motor vehicle operated by defendant Willard H. Stuart, Jr. along Rensselaer County Route 95. Stuart failed to negotiate a curve on the approach to a railroad bridge owned by defendant Boston & Maine Corporation (hereinafter B & M) and the vehicle…