A Manhattan-based pilot who sued a drug testing laboratory for negligence in the handling of his urine test will have to wait until the New York Court of Appeals determines whether he has a cause of action under state law, the U.S. Court of Appeals for the Second Circuit has ruled.

Fred Pasternack, a physician and part-time commercial pilot, sought in June 2007 to comply with random drug-testing procedures required of commercial pilots by the Federal Aviation Administration.

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