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SUE/PERIOR CONCRETE & PAVING, INC. v. LEWISTON GOLF COURSE CORPORATION

478 CA 12-01827.

109 A.D.3d 80 (2013)

968 N.Y.S.2d 271

2013 NY Slip Op 4471

SUE/PERIOR CONCRETE & PAVING, INC., Respondent, v. LEWISTON GOLF COURSE CORPORATION et al., Appellants, and NIAGARA COUNTY INDUSTRIAL DEVELOPMENT AGENCY, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 14, 2013.

Attorney(s) appearing for the Case

Phillips Lytle LLP, Buffalo ( Michael Brian Powers of counsel), and Hobbs Straus Dean & Walker LLP, Portland, Oregon ( Edmund C. Goodman , of the Oregon and Washington bars, admitted pro hac vice, of counsel), for defendants-appellants.

Duke, Holzman, Photiadis & Gresens LLP, Buffalo ( Gregory P. Photiadis of counsel), for plaintiff-respondent.

LINDLEY, VALENTINO and WHALEN, JJ., concur.

OPINION OF THE COURT

PERADOTTO, J.P.

The central question on this appeal is whether defendant Lewiston Golf Course Corporation (LGCC), a corporation formed under the laws of the Seneca Nation of Indians (Nation or SNI), is protected by the Nation's sovereign immunity. Contrary to the contention of defendants-appellants, we conclude that Supreme Court properly denied that part of their motion seeking to dismiss the first amended complaint against LGCC on...

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