Legal Opinion

De Rose v. New Jersey Transit Rail Operations

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

Decided January 31, 1991PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Yesawich, Jr., J.

The infant decedent, a New York resident, was fatally injured when a commuter train operated by defendant struck him as he attempted to cross railroad tracks in the Village of Spring Valley, Rockland County. Decedent’s father, who was appointed administrator of the estate, commenced this wrongful death action in Supreme Court against the New Jersey defendant. Defendant’s answer included affirmative defenses based on the New Jersey Tort Claims Act (NJ Stat Annot, tit 59, subtit 1). Plaintiff thereupon moved to dismiss these defenses and Supreme Court held…

2Cases cited7 opinions

  1. Neumeier v. KuehnerNew York Court of Appeals · 1972
  2. Ehrlich-Bober & Co. v. University of HoustonNew York Court of Appeals · 1980
  3. S.E.W. Friel Co. v. New Jersey Turnpike AuthoritySupreme Court of New Jersey · 1977
  4. Fuller v. Rutgers, State UniversityNew Jersey Superior Court Appellate Division · 1977
  5. Barbaria v. Sayreville Tp.New Jersey Superior Court Appellate Division · 1983

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3Cited by6 opinions

  1. Richardson v. RichardsonAppellate Division of the Supreme Court of the State of New York · 2010
  2. In Re DES CasesDistrict Court, E.D. New York · 1992
  3. Dickerson v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2010
  4. Ashley v. Abbott LaboratoriesDistrict Court, E.D. New York · 1992
  5. Langan v. St. Vincent's HospitalAppellate Division of the Supreme Court of the State of New York · 2005

1 more not listed; retrieve them via the Exa API.

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