Daniels v. Long Island Railroad

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Schmidt, J.), dated January 20, 1998, as granted the defendants’ cross motion for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is denied, and the complaint is reinstated.

The infant plaintiff was allegedly injured when he gained access to railroad tracks owned and operated by the defendants, and while playing on the…