Opinion
CA 10-01900.
Decided on November 10, 2011.
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.
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.
PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND GREEN, JJ.
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. ( ___ AD3d ___ [Nov. 10, 2011]).