Legal Opinion
Guadagno v. Baltimore & Ohio Railroad
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1989No. Appeal No. 1PublishedCited by 16 opinions
1Opinion of the Court
— Order unanimously affirmed with costs. Memorandum: Plaintiff, a policeman, was allegedly injured by exposure to methyl chloride in connection with a train derailment in the Town of Hamburg on October 31, 1981. He supervised evacuation in the morning and was present as a liaison with the cleanup crew later in the day. During an attempt to stabilize a derailed tank car, the car fell to the ground, releasing methyl chloride.
Supreme Court correctly denied defendants’ motion for summary judgment dismissing the complaint. While Santangelo v State of New York (71 NY2d 393) bars a claim for…
2Cases cited5 opinions
- Longines-Wittnauer Watch Co. v. Barnes & Reinecke, Inc.New York Court of Appeals · 1965
- Santangelo v. State of NYNew York Court of Appeals · 1988
- Deutsch v. CatherwoodNew York Court of Appeals · 1973
- Benjamin v. Sonus Cold Storage Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Guadagno v. Baltimore & Ohio RailroadNew York Supreme Court · 1988
3Cited by16 opinions
- Janeczko v. DuhlAppellate Division of the Supreme Court of the State of New York · 1990
- Santangelo v. StateAppellate Division of the Supreme Court of the State of New York · 1993
- Addolorato v. Safeguard Chemical Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Santangelo v. StateNew York Court of Claims · 1990
- Rubsam v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1991
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