Appellate Division of the Supreme Court of the State of New York May 7, 2002 (Schmitt v. Hunts Point Terminal Produce Cooperative Ass'n)

—Order, Supreme Court, Bronx County (Alan Saks, J.), entered January 26, 2001, which, to the extent appealed from, granted the motion of defendant Consolidated Rail Corporation (Conrail) and the cross motion of defendant Hunts Point Terminal Produce Cooperative Association, Inc. (Hunts Point) for summary judgment dismissing the complaint, unanimously affirmed, without costs.