Legal Opinion

Pidgeon v. Metro-North Commuter Railroad

Appellate Division of the Supreme Court of the State of New York

Decided March 31, 1998PublishedCited by 7 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about April 14, 1997, which granted defendant’s motion for summary judgment, unanimously reversed, on the law, without costs, the motion denied, and the complaint reinstated.

The motion court erred in holding that plaintiff’s showing was insufficient to create issues of fact as to negligence and notice.

The Federal Employers’ Liability Act ([FELA] 45 USC § 51 et seq.), upon which plaintiff has based his action, generally provides that every railroad “shall be liable in damages to any person suffering injury while he is…

2Cases cited9 opinions

  1. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  2. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  3. Inman v. Baltimore & Ohio RailroadSupreme Court of the United States · 1959
  4. Kelsey v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 1976
  5. Alvarez v. Mendik Realty Plaza, Inc.Appellate Division of the Supreme Court of the State of New York · 1991

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3Cited by7 opinions

  1. Hyatt v. Metro-North Commuter RailroadAppellate Division of the Supreme Court of the State of New York · 2005
  2. Grasso v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 2003
  3. Martinovics v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2001
  4. Miles v. Consolidated Rail Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  5. Hairston v. Metro-North Commuter RailroadAppellate Division of the Supreme Court of the State of New York · 2003

2 more not listed; retrieve them via the Exa API.

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