It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the second defense is reinstated.
Memorandum:
Plaintiff commenced this action seeking damages pursuant to the Federal Employers' Liability Act ([FELA] 45 USC § 51 et seq.) for injuries he sustained while working as a conductor for defendant. Supreme Court erred in granting plaintiff's motion for...
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