STACHOWSKI v. CONSOLIDATED RAIL CORPORATION

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.