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PAYNE v. U.S.

No. 97-CV-660 LEK/DNH.

10 F.Supp.2d 203 (1998)

Robert A. PAYNE and Florell A. Payne, Plaintiffs, v. UNITED STATES of America and United States Department of Labor, Defendants.

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

July 1, 1998.

Attorney(s) appearing for the Case

De Lorenzo, Pasquariello, Weiskopf & Gorman, P.C., Schenectady, NY (Paul E. De Lorenzo, of counsel), for Plaintiffs.

Office of the United States Attorney, Albany, NY (James C. Woods, Asst. U.S.Atty., of counsel), for Defendants.

MEMORANDUM — DECISION AND ORDER

KAHN, District Judge.

I. Introduction

Plaintiffs have brought this action under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2671, et seq. Plaintiff Robert A. Payne ("Robert Payne") states claims for negligence and nuisance, alleging that the floor of a building under the management and control of the defendants was in a slippery condition, causing him to fall and injure

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