Legal Opinion

Blainey v. Metro North Commuter Railroad

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

Decided October 23, 2012Published

1Opinion of the Court

*589On June 14, 2003, two police officers, one of whom was plaintiff Liam Blainey, were pursuing a fleeing suspect in the Bronx. The officers located the suspect lying, apparently injured, on the Metro North railroad tracks running through a sunken trench in the middle of Park Avenue, to the south of the bridge by which East 187th Street traversed the Metro North right-of-way. Intending to rescue the suspect, plaintiff and his partner planned to climb over the chain-link fence on the southern side of the East 187th Street bridge, then to make their way along the ledge on the other side of the…

2Cases cited6 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. Chateau D' If Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
  3. Williams v. City of New YorkNew York Court of Appeals · 2004
  4. Geraci v. ProbstNew York Court of Appeals · 2010
  5. Rifenburg v. Liffiton Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1985

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