Miller v. Consolidated Rail Corp.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Defendant CSX was entitled to summary judgment dismissing the complaint because plaintiff failed to raise a triable question of fact on the issue of whether CSX breached a duty of care it owed plaintiff as owner of the railroad yard where plaintiff was injured. Absent a hazardous condition or other circumstance giving rise to an obligation to provide exterior lighting for a particular area, landowners are generally not required “to illuminate their property during all hours of darkness” (Peralta…