Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

NORBERT V. STACHOWSKI, Respondent, v. CONSOLIDATED RAIL CORPORATION, Appellant.

Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: In this action pursuant to the Federal Employers' Liability Act, plaintiff's claim for noise-induced occupational hearing loss accrued in May of 1986 when plaintiff's hearing problem first manifested itself and he suspected that his employment was a cause (see, United States v Kubrick, 444 U.S. 111, 120-123; Urie v Thompson, 337 U.S. 163, 169-170; Fries v Chicago Northwestern Transp. Co., 909 F.2d 1092, 1095; Lechowicz v Consolidated Rail Corp., 190 A.D.2d 998 [decided herewith]; cf., Guiher v South Buffalo Ry. Co., 190 A.D.2d 997 [decided herewith]). Because this action was commenced more than three years from the date of accrual (see, 45 U.S.C. § 56), Supreme Court erred in failing to dismiss plaintiff's complaint as time-barred.

Use AI to get other relevant cases.

Comments

STACHOWSKI v. CONSOLIDATED RAIL CORPORATION
(Feb 5, 1993)