Appellate Division of the Supreme Court of the State of New York March 16, 2000 (Bardin v. Consolidated Rail Corp.)

—Mercure, J. P.

Appeal from an order of the Supreme Court (Keegan, J.), entered February 24, 1999 in Albany County, which granted plaintiffs motion for summary judgment.

Plaintiff, employed by defendant as a freight train conductor, was injured in a September 1995 incident.