WILK v. GENESEE AND WYOMING RAILROAD COMPANY


45 A.D.3d 1274 (2007)

846 N.Y.S.2d 511

JAMES WILK et al., Respondents, v. GENESEE AND WYOMING RAILROAD COMPANY et al., Appellants.

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

Decided November 9, 2007.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motions are granted and the complaint is dismissed.

Memorandum:

Plaintiffs commenced this action seeking damages for injuries allegedly sustained by James Wilk (plaintiff) at work, while he was repairing a railcar. We conclude that Supreme Court erred in denying defendants' motions seeking dismissal of the complaint as time-barred...

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