Appellate Division of the Supreme Court of the State of New York December 23, 1996 (Martucci v. Long Island Railroad)

—In an action, inter alia, to recover damages for personal injuries and wrongful death, the defendant appeals from an order of the Supreme Court, Nassau County (Murphy, J), dated December 19, 1995, which denied its motion pursuant to Railroad Law § 83 for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.