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KELLY v. METRO-NORTH COMMUTER R.R.

No. 96 Civ. 6446(PKL).

37 F.Supp.2d 233 (1999)

Mary Jane KELLY, Plaintiff, v. METRO-NORTH COMMUTER RAILROAD and "Jane Doe", name fictitious, true name unknown to plaintiff, Defendants.

United States District Court, S.D. New York.

January 6, 1999.

Attorney(s) appearing for the Case

Philip J. Dinhofer, New York City, for Plaintiff.

Jose R. Rios, Metro-North Commuter Railroad Company, New York City, for Defendants.

OPINION AND ORDER

LEISURE, District Judge.

Plaintiff brings this action based on an alleged assault upon her on a Metro-North Commuter Railroad ("Metro-North") train while traveling to her job at the Metro-North office in Grand Central Terminal in New York City. Plaintiff avers claims under 42 U.S.C. § 1983, the Federal Employers' Liability Act ("FELA"), 45 U.S.C. §§ 51, et seq., and pursuant to state statutory and common law...

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