Levine v. Threshman

— Appeal from a judgment of the Supreme Court in favor of plaintiff, entered April 6,1981 in Sullivan County, upon a decision of the court at Trial Term (Oberwager, J.), without a jury. Plaintiff attorney was hired by defendants to obtain a “safe crossing” over railroad tracks owned by the Erie Lackawanna Railway Company located on defendants’ farm. Although it was marked “Ready” at calendar calls on 10 occasions between September, 1971 and February, 1973, the action that plaintiff commenced never reached trial due to court congestion and the unavailability of witnesses. When a dispute arose…