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ASHBY v. LONG ISLAND RAIL ROAD COMPANY

7 A.D.3d 651 (2004)

777 N.Y.S.2d 177

ELLISTON C. ASHBY, Respondent, v. LONG ISLAND RAIL ROAD COMPANY ET AL., Appellants.

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

May 17, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff was hired by the defendant Long Island Rail Road Company (hereinafter the LIRR) in 1980. On or about February 20, 1998, the plaintiff commenced this action under the Federal Employers Liability Act (45 USC §§ 51-60, hereinafter FELA) against the LIRR and the defendant Metropolitan Transportation Authority, seeking damages for "binaural sensory-neural hearing loss" and...

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