Legal Opinion

Roviello v. Long Island Rail Road

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

Decided January 23, 2007Published

1Opinion of the Court

In an action to recover damages for personal injuries and *789wrongful death, the defendants appeal from an order of the Supreme Court, Kings County (Schack, J.), dated August 9, 2005, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

The plaintiffs decedent was employed by the defendant Long Island Rail Road Company (hereinafter the LIRR) as a conductor, flagman, and brakeman from 1971 through 1997. In May 1997 he was diagnosed with lung…

2Cases cited8 opinions

Zuckerman v. City of New YorkNew York Court of Appeals · 1980
United States v. KubrickSupreme Court of the United States · 1979
Urie v. ThompsonSupreme Court of the United States · 1949
Matson v. Burlington Northern Santa Fe RailroadCourt of Appeals for the Tenth Circuit · 2001
William S. Mix v. Delaware and Hudson Railway Company, Inc., D/B/A Cp Rail SystemCourt of Appeals for the Second Circuit · 2003

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