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Stachowski v. Consolidated Rail Corporation

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 5, 1993
190 A.D.2d 1004 (N.Y. App. Div. 1993)

Opinion

February 5, 1993

Appeal from the Supreme Court, Erie County, Joslin, J.

Present — Green, J.P., Pine, Boehm, Fallon and Doerr, JJ.


Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: In this action pursuant to the Federal Employers' Liability Act, plaintiff's claim for noise-induced occupational hearing loss accrued in May of 1986 when plaintiff's hearing problem first manifested itself and he suspected that his employment was a cause (see, United States v Kubrick, 444 U.S. 111, 120-123; Urie v Thompson, 337 U.S. 163, 169-170; Fries v Chicago Northwestern Transp. Co., 909 F.2d 1092, 1095; Lechowicz v Consolidated Rail Corp., 190 A.D.2d 998 [decided herewith]; cf., Guiher v South Buffalo Ry. Co., 190 A.D.2d 997 [decided herewith]). Because this action was commenced more than three years from the date of accrual (see, 45 U.S.C. § 56), Supreme Court erred in failing to dismiss plaintiff's complaint as time-barred.


Summaries of

Stachowski v. Consolidated Rail Corporation

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 5, 1993
190 A.D.2d 1004 (N.Y. App. Div. 1993)
Case details for

Stachowski v. Consolidated Rail Corporation

Case Details

Full title:NORBERT V. STACHOWSKI, Respondent, v. CONSOLIDATED RAIL CORPORATION…

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

Date published: Feb 5, 1993

Citations

190 A.D.2d 1004 (N.Y. App. Div. 1993)
594 N.Y.S.2d 487

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