Legal Opinion

Pagano v. Long Island Rail Road

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

Decided March 8, 2004PublishedCited by 2 opinions

1Opinion of the Court

*452In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Barbaro, J.), dated February 13, 2003, as denied that branch of their motion which was for summary judgment dismissing the complaint as time-barred.

Ordered that the order is affirmed insofar as appealed from, with costs.

An action to recover damages under the Federal Employers’ Liability Act (hereinafter FELA) must be commenced “within three years from the day the cause of action accrued” (45 USC § 56). A FELA claim accrues when a…

2Cases cited3 opinions

  1. Robert Campbell v. Grand Trunk Western Railroad CompanyCourt of Appeals for the Sixth Circuit · 2001
  2. William S. Mix v. Delaware and Hudson Railway Company, Inc., D/B/A Cp Rail SystemCourt of Appeals for the Second Circuit · 2003
  3. Lechowicz v. Consolidated Rail Corp.Appellate Division of the Supreme Court of the State of New York · 1993

3Cited by2 opinions

  1. Ashby v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 2004
  2. Roviello v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 2007

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