A New Yorker says she was trapped between a safety gate and the tracks as a suburban commuter train barreled past her.
Linda Misek-Falkoff says the 2004 incident in Bedford Hills left her badly shaken.
A court has dismissed parts of her lawsuit, but allowed a negligence claim to go forward.
Metro-North spokeswoman Marjorie Anders says the railroad disputes the charges and plans to appeal the decision. The railroad says the entire lawsuit should have been thrown out.
The state is making $312,000 worth of improvements to the crossing in Westchester County. Three trains struck cars there last year.
Misek-Falkoff is due back in state Supreme Court on July 13.
Information from: The Journal News
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