Gilfus v. CSX Transportation, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeals from an order of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered April 26, 2010. The order, insofar as appealed from, denied the motions of third-party defendants for summary judgment dismissing the third-party complaint.
It is hereby ordered that the order so appealed from is unanimously affirmed with costs.
Memorandum: Plaintiff commenced this action pursuant to the Federal Employers’ Liability Act (45 USC § 51 et seq.) seeking damages for injuries he sustained during the course of his employment with defendant/third-party plaintiff, CSX Transpor*1672tation, Inc. (CSXT).…
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