HAIRSTON v. METRO NORTH COMMUTER RAILROAD (1999)

Supreme Court, Appellate Division, First Department, New York.

Robin HAIRSTON, Plaintiff-Appellant, v. METRO-NORTH COMMUTER RAILROAD, Defendant-Respondent.

Decided: March 18, 1999

ROSENBERGER, J.P., WILLIAMS, TOM and MAZZARELLI, JJ.

Philip J. Dinhofer, for Plaintiff-Appellant. Jose R. Rios, for Defendant-Respondent.

Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered on or about January 20, 1998, which granted defendant Metro-North Commuter Railroad's motion pursuant to CPLR 505(a), to transfer venue of plaintiff's action to New York County, unanimously affirmed, with costs.

The motion court properly determined that the venue of this action commenced in State court under the Federal Employers' Liability Act (FELA) is properly placed in New York County pursuant to CPLR 505(a). It is well settled that when an action is brought under FELA in State courts, the State venue provisions apply and that the venue section of FELA (45 U.S.C. § 56), is inapplicable (see, Barton v. Delaware Lackawanna & W. R.R. Co., 218 App.Div. 748, 218 N.Y.S. 171; Rodriguez v. Grand Trunk W. R.R. Co., 120 Mich.App. 599, 328 N.W.2d 89; Garland v. Seaboard Coastline R.R. Co., 658 S.W.2d 528, 531; Hopmann v. S. Pac. Transp. Co., 581 S.W.2d 532, cert. denied 444 U.S. 870, 100 S.Ct. 146, 62 L.Ed.2d 94).

MEMORANDUM DECISION.

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