Legal Opinion

Bukowski v. Metropolitan Transportation Authority

New York Supreme Court

Decided July 18, 1983PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Sidney Leviss, J.

This is a motion by the defendant Long Island Railroad Company (hereinafter LIRR) for summary judgment dismissing the complaint against it on the ground that the affirmative defense of “pass” in its amended answer is an absolute defense.

Plaintiff alleges that he sustained personal injuries on February 12, 1979 as a result of a fall at Jamaica Station, Queens. At the time of the accident, plaintiff was employed as a yardmaster at the LIRR’s Babylon yard in Suffolk County, New York. After completing his workday, plaintiff departed the Babylon yard for his…

2Cases cited4 opinions

  1. Lanni v. SmithAppellate Division of the Supreme Court of the State of New York · 1982
  2. Hopkins v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1964
  3. Schiller v. Pennsylvania RailroadDistrict Court, S.D. New York · 1961
  4. Litter v. Long Island Rail RoadCivil Court of the City of New York · 1969

3Cited by1 opinion

  1. Guernick v. Consolidated Rail Corp.District Court, S.D. New York · 1984

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