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PANEK v. COUNTY OF ALBANY

286 A.D.2d 86 (2001)

731 N.Y.S.2d 803

ANDREW W. PANEK et al., Respondents, v. COUNTY OF ALBANY et al., Appellants.

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

November 1, 2001.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, L. L. P., Syracuse (John H. Callahan of counsel), for appellants.

Buckley, Mendleson & Criscione, P. C., Albany (John J. Criscione of counsel), for respondents.

CARDONA, P. J., MERCURE, CARPINELLO and ROSE, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

On March 25, 1999, plaintiff Andrew W. Panek (hereinafter plaintiff), an airway facility system specialist, sustained injuries when he fell while standing on a stepladder while in the process of removing an air handler affixed to the ceiling of an old air traffic control tower located at the Albany County Airport in the Town of Colonie, Albany County. Plaintiff's employer, the Federal Aviation Administration (hereinafter FAA...

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