Legal Opinion

Russell v. Fusco

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

Decided December 16, 1999PublishedCited by 1 opinion

1Opinion of the Court

—Graffeo, J.

Appeal from an order of the Supreme Court (Lynch, J-.), entered July 10, 1998 in Schenectady County, which, upon reargument, denied a motion by defendant Delaware and Hudson Railway Company, Inc. for summary judgment dismissing the complaint against it.

Plaintiff Michael Russell (hereinafter plaintiff) and his wife, derivatively, commenced this negligence action to recover damages for personal injuries he sustained in March 1992 in a collision between his automobile and a train operated by defendant Delaware and Hudson Railway Company, Inc. (hereinafter D & H). At the time of the…

2Cases cited12 opinions

  1. Bakhuyzen v. National Rail Passenger Corp.District Court, W.D. Michigan · 1996
  2. Beasley v. Grand Trunk Western RailroadMichigan Court of Appeals · 1979
  3. Vasquez v. Consolidated Rail Corp.Appellate Division of the Supreme Court of the State of New York · 1992
  4. Guller v. Consolidated Rail Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  5. Miller v. Town of FentonAppellate Division of the Supreme Court of the State of New York · 1998

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3Cited by1 opinion

  1. Budik v. CSX Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2011

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