Sanchez v. National Railroad Passenger Corp.
Plaintiff Sanchez filed a negligence action against defendant National Railroad Passenger Corp. (Amtrak) and another entity, alleging injury on February 10, 2005. Amtrak moved for summary judgment, asserting the accident occurred on February 5, 2005, making the claim untimely. Plaintiff's verified complaint and bill of particulars, along with workers' compensation records, stated the injury date as February 10, 2005. While Supreme Court and the Appellate Division initially dismissed the complaint, the higher court reversed, determining that the conflicting proof regarding the incident date presented a material issue of fact. Consequently, summary judgment was deemed unwarranted, and the plaintiff's complaint was reinstated.