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ULFIK v. METRO-NORTH COMMUTER R.R.

No. 641, Docket 95-7495.

77 F.3d 54 (1996)

Robert ULFIK, Plaintiff-Appellant, v. METRO-NORTH COMMUTER RAILROAD, Defendant-Appellee. METRO-NORTH COMMUTER RAILROAD COMPANY, Third-Party Plaintiff, v. YONKERS CONTRACTING CORP., Third-Party-Defendant-Appellee. YONKERS CONTRACTING CORP., Second Third-Party-Plaintiff-Appellee, v. PROGRESSIVE PAINTING CORPORATION, Second Third-Party-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 23, 1996.

Attorney(s) appearing for the Case

L. Kevin Sheridan, New York City (Jesse C. Sable, Frederic M. Gold, Sable & Gold, New York City, on the brief), for plaintiff-appellant.

Paul A. Krez, Krez & Peisner, New York City, on the brief, for defendant-appellee.

Arthur L. Salmon, Killarney & Salmon, New York City, submitted a brief for third-party-defendant-appellee Yonkers Contracting Corp.

Thomas Donald Hughes, Hayes & Ryan, New York City, submitted a brief for second third-party-defendant-appellee Progressive Painting Corporation.

Before: NEWMAN, Chief Judge, FEINBERG and CARDAMONE, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This case probes the issues of negligence and causation in the context of a personal injury lawsuit arising under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. §§ 51-60 (1988). Plaintiff-appellant Robert Ulfik appeals from the April 26, 1995, judgment of the United States District Court for the Southern District of New York (John S. Martin, Jr., Judge) granting a motion at the end of Ulfik's case-in-chief for judgment...

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