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MATTER OF AIR CRASH ON 2/12/09

13176/2009

44 Misc.3d 724 (2014)

991 N.Y.S.2d 274

2014 NY Slip Op 24189

In the Matter of AIR CRASH NEAR CLARENCE CENTER, NEW YORK ON FEBRUARY 12, 2009.

Supreme Court, Erie County.

Decided July 10, 2014.

Attorney(s) appearing for the Case

Connors & Vilardo, LLP ( Terrence M. Connors of counsel) and Paul William Beltz, PC ( Philipp L. Rimmler of counsel) for plaintiffs.

Goldberg Segalla, LLP ( Neil Goldberg of counsel) and Condon Forsyth, LLP ( David J. Harrington of counsel) for Colgan Air, Inc., defendant.

Reed Smith, LLP ( Oliver Beiersdorf of counsel) for Continental Connection Flight 3407, defendant.

Damon & Morey, LLP ( Thomas J. Drury of counsel) and Cantey Hanger, LLP ( Charles H. Smith of counsel) for FlightSafety, Inc., defendant.

OPINION OF THE COURT

FREDERICK J. MARSHALL, J.

In a previous ruling, this court, citing the pervasiveness and completeness of the federal regulatory scheme, held that the Federal Aviation Act of 1958 (Pub L 85-726, 72 US Stat 731, codified as amended at 49 USC § 40101 et seq. [FAACT]) and federal aviation regulations (FARS) preempted all state standards of care. (Matter of Air Crash Near Clarence Ctr., N.Y. on Feb. 12, 2009,

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