General

Thom Pedersen et al., Appellants, v. Long Island Rail Road Company, Defendant, and Town of Smithtown, Respondent

33 A.D.2d 704·New York Supreme Court, Appellate Division·1969·NY

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Opinion

Thom Pedersen et al., Appellants, v. Long Island Rail Road Company, Defendant, and Town of Smithtown, Respondent. [MAJORITY] Appeal by plaintiffs, as limited by their notice of appeal and their brief, from so much of a judgment of the Supreme Court, Suffolk County, dated September 10, 1968, as is in favor of defendant Town of Smithtown upon a jury verdict. Judgment affirmed insofar as appealed from, with costs. In our opinion the charge of the trial court, considered in its full context, was proper. Appellants’ remaining point has been considered and found to be without merit. Christ, Acting P. J., Brennan, Rabin, Benjamin and Munder, JJ., concur.