GAMBRAL v. LONG ISLAND RAIL ROAD


6 A.D.3d 386 (2004)

773 N.Y.S.2d 895

DWIGHT GAMBRAL, Appellant, v. LONG ISLAND RAIL ROAD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 5, 2004.


Ordered that the judgment is affirmed, with costs.

The plaintiff allegedly was injured when he slipped and fell in a stairwell at his workplace. He commenced this action against the defendant, his employer, pursuant to the Federal Employers' Liability Act (see 45 USC § 51 et seq.; hereinafter FELA). At the trial on the issue of liability, the plaintiff testified that he observed debris on the stairwell before the accident, and that employees of...

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