Barra v. Norfolk Southern Railway Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGarry, J.
Appeal from an order of the Supreme Court (Mulvey, J.), entered September 14, 2009 in Tompkins County, which, among other things, granted defendant’s motion for summary judgment dismissing the complaint.
Plaintiffs are owners of properties on the eastern shore of Cayuga Lake in the Town of Lansing, Tompkins County, in an area that is bounded to the west by the lake and to the east by railroad tracks owned by defendant. For decades, three at-grade railroad crossings were located within an approximately 825-foot span of defendant’s railroad tracks adjacent to the area, part of which is known as…
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