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TUFARIELLO v. LONG ISLAND R. CO.

Docket No. 05-1945-CV.

458 F.3d 80 (2006)

Vito TUFARIELLO, Plaintiff-Appellant, v. LONG ISLAND RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 20, 2006.

Attorney(s) appearing for the Case

Philip Patrick Vogt, Altier & Vogt, LLC, New York, NY, for Plaintiff-Appellant.

Sean Patrick Constable, Long Island Railroad Co. Law Department, Jamaica, NY, for Defendant-Appellee.

Before CABRANES and SACK, Circuit Judges, and AMON, District Judge.

SACK, Circuit Judge.

The plaintiff, Vito Tufariello, was until his retirement in 2003, employed by the Long Island Railroad Company (the "LIRR") as a mechanic in one of its rail yards. Locomotives would sound their horns whenever they entered or exited the railroad station adjacent to this yard. In 1998 and 1999, the LIRR introduced new locomotives into service. In June and July 1999, it modified the new locomotives' horns in response to complaints that they were...

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