Waisonovitz v. Metro-North Commuter Railroad

RULING ON THIRD PARTY DEFENDANT’S MOTION TO DISMISS

[Doc. No. 25]

HALL, District Judge.

I. INTRODUCTION

Metro-North Commuter Railroad (“Metro-North”) has filed a two-count third-party complaint against Diane Ard as executrix of the Estate of Robert J. Ard, Jr. (“Ard”), seeking contribution and indemnification from Ard’s Estate for any judgment rendered in favor of Philip J. Waisonovitz. Waisonovitz is seeking recovery under the Federal Employer’s Liability Act (“FELA”), 45 U.S.C. § 51, as a result of injuries sustained after a fatal train accident in which the plaintiff and the third-party…