Stachowski v. Consolidated Rail Corp.

Appellate Division of the Supreme Court of New York

Stachowski v. Consolidated Rail Corp.

190 A.D.2d 1004, 594 N.Y.S.2d 487, 1993 N.Y. App. Div. LEXIS 1182

Appellate Division of the Supreme Court of the State of New York·Decided February 5, 1993·Published·Cited by 4 cases

Opinion

— Order unanimously reversed on the law without costs, motion granted and complaint [1005] dismissed. Memorandum: In this action pursuant to the Federal Employers’ Liability Act, plaintiffs claim for noise-induced occupational hearing loss accrued in May of 1986 when plaintiffs hearing problem first manifested itself and he suspected that his employment was a cause (see, United States v Kubrick, 444 US 111, 120-123; Urie v Thompson, 337 US 163, 169-170; Fries v Chicago & Northwestern Transp. Co., 909 F2d 1092, 1095; Lechowicz v Consolidated Rail Corp., 190 AD2d 998 [decided herewith]; cf., Guiher v South Buffalo Ry. Co., 190 AD2d 997 [decided herewith]). Because this action was commenced more than three years from the date of accrual (see, 45 USC § 56), Supreme Court erred in failing to dismiss plaintiffs complaint as time-barred. (Appeal from Order of Supreme Court, Erie County, Joslin, J. — Summary Judgment.) Present — Green, J. P., Pine, Boehm, Fallon and Doerr, JJ.

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— Order unanimously reversed on the law without costs, motion granted and complaint [1005] dismissed. Memorandum: In this action pursuant to the Federal Employers’ Liability Act, plaintiffs claim for noise-induced occupational hearing loss accrued in May of 1986 when plaintiffs hearing problem first manifested itself and he suspected that his employment was a cause (see, United States v Kubrick, 444 US 111, 120-123; Urie v Thompson, 337 US 163, 169-170; Fries v Chicago & Northwestern Transp. Co., 909 F2d 1092, 1095; Lechowicz v Consolidated Rail Corp., 190 AD2d 998 [decided herewith]; cf., Guiher v South Buffalo Ry. Co., 190 AD2d 997 [decided herewith]). Because this action was commenced more than three years from the date of accrual (see, 45 USC § 56), Supreme Court erred in failing to dismiss plaintiffs complaint as time-barred. (Appeal from Order of Supreme Court, Erie County, Joslin, J. — Summary Judgment.) Present — Green, J. P., Pine, Boehm, Fallon and Doerr, JJ.

Stachowski v. Consolidated Rail Corp., 190 A.D.2d 1004, 594 N.Y.S.2d 487, 1993 N.Y. App. Div. LEXIS 1182 (N.Y. Ct. App. 1993).

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Opinion

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