Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum:
This action seeks damages for the wrongful death and conscious pain suffered by plaintiff's decedent, a seven-year-old boy who fell into Brown's Race and drowned. Brown's Race is a concrete waterway situated in the City of Rochester that carries water from the Genesee River to a hydroelectric power plant operated by defendant Rochester Gas &...
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