SUE/PERIOR v. LEWISTON GOLF

No. 196.

24 N.Y.3d 538 (2014)

SUE/PERIOR CONCRETE & PAVING, INC., Respondent, v. LEWISTON GOLF COURSE CORPORATION, Appellant, et al., Defendants.

Court of Appeals of New York.

Decided November 25, 2014.


Attorney(s) appearing for the Case

Hobbs, Straus, Dean & Walker, LLP, Portland, Oregon ( Edmund C. Goodman of counsel), and Phillips Lytle LLP, Buffalo ( Michael B. Powers , Sean C. McPhee and Alan M. Wishnoff of counsel), for appellant.

Duke, Holzman, Photiadis & Gresens LLP, Buffalo ( Gregory P. Photiadis and Elizabeth A. Kraengel of counsel), for respondent.

Christopher Karns , General Counsel, Seneca Nation of Indians Department of Justice, Salamanca ( Owen Herne of counsel), Godfrey & Kahn, S.C., Milwaukee, Wisconsin ( Brian L. Pierson of counsel), and Harter Secrest & Emery LLP, Buffalo ( John G. Horn of counsel), for Seneca Nation of Indians, amicus curiae.

Judges GRAFFEO, SMITH and ABDUS-SALAAM concur; Judge RIVERA dissents in an opinion in which Chief Judge LIPPMAN and Judge READ concur.


OPINION OF THE COURT

Defendant Lewiston Golf Course Corporation (Lewiston Golf) is an indirect, wholly owned subsidiary of the Seneca Nation of Indians, a federally recognized Indian tribe. We are asked to decide whether that corporation is protected from suit by the Seneca Nation's sovereign immunity. Applying the factors set...

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