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TUFARIELLO v. LONG ISLAND R.R. CO.

No. 03 CV 3520(CLP).

364 F.Supp.2d 252 (2005)

Vito TUFARIELLO, Plaintiff, v. LONG ISLAND RAIL ROAD COMPANY, Defendant.

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

March 18, 2005.

Attorney(s) appearing for the Case

Philip Patrick Vogt, Altier & Vogt, LLC, New York, NY, for Vito Tufariello, Plaintiff.

Sean Patrick Constable, Long Island Rail Road, Law Department, Jamaica, NY, for Long Island Rail Road Company, Defendant.

MEMORANDUM AND ORDER

POLLAK, United States Magistrate Judge.

On July 18, 2003, plaintiff Vito Tufariello commenced this personal injury action against his former employer, the Long Island Rail Road Company ("LIRR"), pursuant to the Federal Employers' Liability Act, 45 U.S.C. § 51, et seq. ("FELA"), based on plaintiff's alleged exposure to extremely loud locomotive horns and his subsequent loss of hearing. By Notice of Motion, dated January 24...

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