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Court of Appeals of New York


Clementoni v. Consol. Rail Corp., 57

In an appeal arising out of the collision of an automobile driven by plaintiff and a train operated by defendant-rail company, summary judgment for defendants-property and grade crossing owners is affirmed as: 1) defendants-grade crossing owners owed plaintiff no duty to warn or protect under the circumstances; and 2) a landowner is generally not liable for the existence of uncut vegetation obstructing the view of motorists at an intersection.

Appellate Information

  • Decided 05/03/2007
  • Published 05/04/2007

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  • Court of Appeals of New York

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