Brandon Harris and Kristina Harris v. Csx Transportation

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered May 13, 2010 in a personal injury action.

Harris v Csx Transp., Inc.

Decided on November 10, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND GREEN, JJ.

(APPEAL NO. 2.)

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. (___ AD3d ___ [Nov. 10, 2011]).

Entered: November 10, 2011

Patricia L. Morgan Clerk of the Court

20111110