STEPHNEY v. MTA METRO-NORTH RAILROAD

9675, 102676/10.

173 A.D.3d 572 (2019)

103 N.Y.S.3d 397

2019 NY Slip Op 05004

Cheryl Stephney, Respondent, v. MTA Metro-North Railroad, Appellant.

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

Decided June 20, 2019.


On the evening of March 13, 2007, plaintiff Cheryl Stephney was working as an assistant conductor on Metro-North's New Haven Line, when she was physically attacked by a passenger while seeking to collect her fare.

The Federal Employers' Liability Act (FELA) (45 USC § 51 et seq.) provides that operators of interstate railroads shall be liable to their employees for on-the-job injuries resulting from the railroad's negligence. In an action under FELA, "the...

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