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McHenry v. Long Island Rail Road

15 N.Y.2d 535 Court N.Y. Decision date 1964-10-15 English

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p. 535
Frances McHenry et al., Respondents, v. Long Island Rail Road Company, Appellant.
Argued October 1, 1964;
decided October 15, 1964.
p. 537
William F. McNulty and George M. Onken for appellant.
James F. Niehoff, Edward Cherney and George L. Marks for respondents.

Order affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke, Scileppi and Bergan. Judge Van Voorhis dissents and votes to reverse the order and to dismiss the complaint upon the ground that there is no evidence of causative negligence on the part of defendant.