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HAIRSTON v. METRO-NORTH COMMUTER RAILROAD

259 A.D.2d 370 (1999)

687 N.Y.S.2d 58

ROBIN HAIRSTON, Appellant, v. METRO-NORTH COMMUTER RAILROAD, Respondent.

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

Decided March 18, 1999.

The motion court properly determined that the venue of this action commenced in State court under the Federal Employers' Liability Act (FELA) is properly placed in New York County pursuant to CPLR 505 (a). It is well settled that when an action is brought under FELA in State courts, the State venue provisions apply and that the venue section of FELA (45 USC § 56), is inapplicable (see, Barton v Delaware, Lackawanna & W. R. R. Co., 218 App Div 748; Rodriguez...

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