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  5. 81 N.Y.2d 746 (1992)
 

CURLEY v. CONSOL. RAIL CORP.

81 N.Y.2d 746 (1992)

Thomas W. Curley, Appellant, v. Consolidated Rail Corporation, Respondent and Third-Party Plaintiff-Respondent. Excelsior Truck Leasing Company, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided December 21, 1992.

Attorney(s) appearing for the Case

Sable, Gold & Dinhofer, New York City (L. Kevin Sheridan of counsel), for appellant.

Walker & Bailey, New York City (Lawrence R. Bailey, Jr., and Thomas M. Smith of counsel), for Consolidated Rail Corporation, respondent.

Foley, Hickey, Gilbert & O'Reilly, New York City (Terrence P. O'Reilly of counsel), for Excelsior Truck Leasing Company, respondent.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., and SMITH concur; Judge BELLACOSA dissents and votes to reverse in an opinion.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff commenced an action against his employer Consolidated Rail Corp. (Conrail), pursuant to the Federal Employers' Liability Act (45 USC § 51 et seq.), to recover damages for injuries sustained while he was driving one of Conrail's vehicles. After a jury trial, a judgment and verdict was rendered in plaintiff's favor...

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