Harris v CSX Transp., Inc.
2011 NY Slip Op 07952 [89 AD3d 1390]
November 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4th, 2012


Brandon Harris et al., Respondents,
v
CSX Transportation, Inc., Appellant, et al., Defendant. (Appeal No. 2.)

—[*1] Goldberg Segalla LLP, Buffalo (John Joseph Jablonski of counsel), for defendant-appellant.

Collins, Collins & Donoghue, P.C., Buffalo, Magavern Magavern Grimm LLP (Edward J. Markarian of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered May 13, 2010 in a personal injury action. The order denied the motion of defendant CSX Transportation, Inc. for summary judgment.

It is hereby ordered that the order so appealed from is reversed on the law without costs, the motion is granted and the complaint and cross claim against defendant CSX Transportation, Inc. are dismissed.

Same memorandum as in Bready v CSX Transp., Inc. (89 AD3d 1386 [2011]). Present—Centra, J.P., Fahey, Lindley, Sconiers and Green, JJ.