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CELLI v. METRO-NORTH COMMUTER R.R.

No. 95 Civ. 1593 (JGK).

891 F.Supp. 124 (1995)

Eugene CELLI and Wendy Liu, Plaintiffs, v. METRO-NORTH COMMUTER RAILROAD and the Metropolitan Transportation Authority, Defendants.

United States District Court, S.D. New York.

June 21, 1995.

Attorney(s) appearing for the Case

R. Christopher Owen, Owen & Eddy, White Plains, NY, for plaintiffs.

Mark K. Anesh and Edward A. Magro, Wilson, Elser, Moskowitz, Edelman & Dicker, New York City, for defendants.

OPINION AND ORDER

KOELTL, District Judge:

The defendants, Metro-North Commuter Railroad ("Metro-North") and the Metropolitan Transportation Authority ("MTA"), have moved to dismiss the plaintiffs' complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) on the ground that the claims are barred under the applicable Statute of Limitations. For the reasons explained below, the defendants' motion is granted.

The plaintiffs' complaint arises out...

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