Legal Opinion

Wilk v. Genesee & Wyoming Railroad

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

Decided November 9, 2007PublishedCited by 1 opinion

1Opinion of the Court

Appeals from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered September 29, 2006. The order denied defendants’ motions seeking dismissal of the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motions are granted and the complaint is dismissed.

Memorandum: Plaintiffs commenced this action seeking damages for injuries allegedly sustained by James Wilk (plaintiff) at work, while he was repairing a railcar. We conclude that Supreme Court erred in denying defendants’ motions…

2Cases cited8 opinions

  1. Gershel v. PorrNew York Court of Appeals · 1996
  2. Bannon v. BannonNew York Court of Appeals · 1936
  3. Harris v. Niagara Falls Board of EducationNew York Court of Appeals · 2006
  4. Slater v. American Mineral Spirits Co.New York Court of Appeals · 1974
  5. Gowan v. TullyNew York Court of Appeals · 1978

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3Cited by1 opinion

  1. Wilk v. Lewis & Lewis, P.C.Appellate Division of the Supreme Court of the State of New York · 2010

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