McCabe v. CSX Transportation, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered December 16, 2004 in a personal injury action. The order granted plaintiffs motion for partial summary judgment on the issue of liability and to strike the affirmative defense of contributory negligence.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the second defense is reinstated.
Memorandum: Plaintiff commenced this action seeking damages pursuant to the Federal Employers’ Liability Act ([FELA] 45 USC §…
2Cases cited6 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Ellis v. Union Pacific RailroadSupreme Court of the United States · 1947
- New York Central Railroad v. AmbroseSupreme Court of the United States · 1930
- Cecilio B. Williams v. The Long Island Railroad CompanyCourt of Appeals for the Second Circuit · 1999
- Pilarski v. Consolidated Rail Corp.Appellate Division of the Supreme Court of the State of New York · 2000
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Landers v. CSX Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- JPmorgan Chase Bank v. KobeeAppellate Division of the Supreme Court of the State of New York · 2016
- Sneddon v. CSX TransportationAppellate Division of the Supreme Court of the State of New York · 2007
- Hinckley v. CSX Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Warner v. StateAppellate Division of the Supreme Court of the State of New York · 2015
15 more not listed; retrieve them via the Exa API.