ROBERT v. LONG ISLAND R.R. CO.


161 A.D.2d 346 (1990)

Maureen Robert, Appellant, v. Long Island Railroad Company, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 10, 1990


Plaintiff claimed that while an employee of the Long Island Railroad, she suffered smoke inhalation and was rendered asthmatic. Although plaintiff portrayed herself as completely disabled, one of her own experts, i.e., her treating physician, characterized her asthmatic condition as "moderate". Further, there was no medical testimony that plaintiff was completely disabled; on the contrary, plaintiff's experts indicated that she could seek employment in any smoke-free office...

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