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OLIVERIO v. CONSOLIDATED RAIL CORPORATION

14 Misc.3d 219 (2006)

822 N.Y.S.2d 699

VINCENT J. OLIVERIO, Plaintiff, v. CONSOLIDATED RAIL CORPORATION et al., Defendants.

Supreme Court, Erie County.

October 24, 2006.

Attorney(s) appearing for the Case

Hodgson Russ LLP (Michael V. McLaughlin of counsel), for defendants.

Doran & Murphy, LLP (Michael L. Torcello of counsel), for plaintiff.

OPINION OF THE COURT

JOSEPH D. MINTZ, J.

Defendant moves for summary judgment dismissing the complaint in this action based upon the Federal Employers' Liability Act (45 USC § 51 et seq. [FELA]). Defendant's motion is based upon a release signed by the plaintiff in 1996, in settlement of a claim by plaintiff based upon exposure to asbestos in his employment with defendant. This action is also...

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