Appellate Division of the Supreme Court of the State of New York February 20, 1986 (Hobush v. Consolidated Rail Corp.)

—Harvey, J.

Appeal from an order of the Supreme Court at Special Term (Bradley, J.), entered February 7, 1985 in Ulster County, which denied defendant’s motion to dismiss plaintiff’s second cause of action.

In April 1984, plaintiff was injured when his automobile collided with a locomotive owned and operated by defendant.