Legal Opinion

Hinckley v. CSX Transportation, Inc.

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

Decided February 6, 2009PublishedCited by 3 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J), entered April 16, 2008 in a wrongful death action. The order granted the motion of defendant CSX Transportation, Inc. for summary judgment dismissing the complaint against it.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the first and second causes of action and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for the wrongful death of decedent, an employee of CSX…

2Cases cited8 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
  3. Liff v. SchildkroutNew York Court of Appeals · 1980
  4. Philip A. Syverson v. Consolidated Rail CorporationCourt of Appeals for the Second Circuit · 1994
  5. McCabe v. CSX Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2006

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3Cited by3 opinions

  1. Freeland v. Erie CountyAppellate Division of the Supreme Court of the State of New York · 2014
  2. FREELAND, GLENN v. ERIE COUNTYAppellate Division of the Supreme Court of the State of New York · 2014
  3. Freeland v. Erie CountyAppellate Division of the Supreme Court of the State of New York · 2014

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