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POLIZZI v. NEW JERSEY TRANSIT RAIL

835 A.2d 1241 (2003)

364 N.J. Super. 323

Antonio POLIZZI, Plaintiff-Appellant, v. NEW JERSEY TRANSIT RAIL OPERATIONS, INC., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 18, 2003.

Attorney(s) appearing for the Case

Richard S. Mazawey, Clifton, for appellant (Ronald S. Suss, Newark, of counsel and on the brief).

Ruprecht, Hart & Weeks, Millburn, for respondent (James H. Savage, of counsel and on the brief).

Before Judges CIANCIA, ALLEY and PARKER.

The opinion of the court was delivered by PARKER, J.A.D.

Plaintiff appeals from an order granting summary judgment dismissing his complaint filed on May 8, 2000, because it was time barred under the Federal Employers' Liability Act (FELA), 45 U.S.C.A. §§ 51 to 60. We affirm in part and reverse in part.

Plaintiff has been a New Jersey Transit (NJT) employee since 1987. During a routine physical conducted by defendant in 1995, it was noted that...

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