Reyes v. CSX Transportation, Inc.

Order, Supreme Court, Bronx County (Nelson S. Roman, J.), entered January 27, 2004, which granted defendant CSX Transportation, Inc.’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied, the complaint reinstated, and, upon a search of the record, plaintiff granted partial summary judgment on the issues of whether defendant owed her a duty, pursuant to Railroad Law § 21, and whether the rails in question constitute a special use of the street. Appeal from order, same court and Justice, entered July 2, 2004, which denied…