MATTER OF CANTONE v. McCALL


289 A.D.2d 863 (2001)

734 N.Y.S.2d 362

In the Matter of PETER CANTONE, Petitioner, v. H. CARL McCALL, as New York State Comptroller, Respondent.

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

Decided December 20, 2001.


Rose, J.

Petitioner, a municipal water treatment plant operator, tripped and fell, causing a serious knee injury, as he stepped over some spools of wire in order to manually close a valve to a 24-inch water pipe. Finding that petitioner was aware of the spools of wire and that he had elected to step over them "rather than being more careful in stepping around them, or taking some other course to avoid [them]," respondent concluded that petitioner had not sustained...

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