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TURNER v. CSX TRANSPORTATION, INC.

1248 CA 09-00073.

72 A.D.3d 1646 (2010)

899 N.Y.S.2d 696

STEPHEN TURNER, Appellant, v. CSX TRANSPORTATION, INC., et al., Respondents. (Appeal No. 1.)

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

Decided April 30, 2010.

It is hereby ordered that said appeal is dismissed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries he allegedly sustained during the course of his employment as a locomotive engineer by defendants. Plaintiff asserted two causes of action against defendant CSX Transportation, Inc. based on its alleged violations of the Federal Locomotive Inspection Act ([LIA] 49 USC § 20701

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