Hairston v. Metro-North Commuter Railroad

*128Order, Supreme Court, New York County (Richard Braun, J.), entered on or about February 27, 2003, which, inter alia, denied defendant’s motion for summary judgment dismissing the complaint, unanimously modified, on the law, to grant defendant’s motion insofar as to dismiss the complaint to the extent it is predicated upon the Federal Safety Appliance Act (FSAA), and otherwise affirmed, without costs.

The motion court properly sustained plaintiff’s Federal Employers’ Liability Act (FELA) claim as against defendant’s motion for summary judgment to the extent that it was premised on defendant’s…