Miller v. Town of Fenton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtYesawich Jr., J.
Appeal from an order of the Supreme Court (Rose, J.), entered November 22, 1996 in Broome County, which, inter alia, granted defendants’ motions for summary judgment dismissing the complaint.
Plaintiff Cheryl L. Miller (hereinafter plaintiff) was injured when her van was struck by a train at the Fuller Road railroad crossing in the Town of Fenton, Broome County. The tracks were owned by defendant Delaware and Hudson Railroad Corporation (hereinafter defendant); the crossing was not controlled by signal lights or gates. Prior to the collision, plaintiff, who was familiar with the crossing,…
2Cases cited13 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Ventricelli v. Kinney System Rent A Car, Inc.New York Court of Appeals · 1978
- Mesick v. StateAppellate Division of the Supreme Court of the State of New York · 1986
- Koester v. StateAppellate Division of the Supreme Court of the State of New York · 1982
- Ventricelli v. Kinney System Rent A Car, Inc.New York Court of Appeals · 1978
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- Holmes v. City of ElmiraAppellate Division of the Supreme Court of the State of New York · 1998
- Bowen v. National Railroad Passenger Corp.District Court, N.D. New York · 2005
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