Miles v. Consolidated Rail Corp.

—Order unanimously affirmed with costs. Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by Ricky L. Miles (plaintiff) when he fell from the ladder of a boxcar. At the time of the accident, plaintiff was employed by defendant as a conductor at its Frontier Yard. Supreme Court properly denied that part of defendant’s motion *970seeking summary judgment dismissing the cause of action under the Federal Employers’ Liability Act ([FELA] 45 USC § 51 et seq.). Defendant failed to meet its initial burden of establishing as a matter of law “that negligence by the…