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GOLDWATER v. METRO-NORTH COMMUTER R.R.

No. 93 Civ. 3628 (LLS).

906 F.Supp. 173 (1995)

Elaine L. GOLDWATER, Plaintiff, v. METRO-NORTH COMMUTER RAILROAD, Defendant.

United States District Court, S.D.N.Y.

November 6, 1995.

Attorney(s) appearing for the Case

Elkind, Flynn & Maurer, P.C., New York City (Ira M. Maurer, of counsel), for Plaintiff.

Krez & Peisner, New York City (Paul A. Krez, of counsel), for Defendant.

Opinion and Order

STANTON, District Judge.

Elaine Goldwater, an employee of the Metro-North Commuter Railroad ("Metro-North"), claims she was assaulted at a Metro-North station while waiting for a train. She sues Metro-North under the Federal Employers' Liability Act ("FELA") and state law.

Metro-North moves for summary judgment pursuant to Fed.R.Civ.P. 56(c), contending that (1) Goldwater's FELA claim is barred by the "commuter rule" and (2) Metro...

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