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SUZANNE P. v. JOINT BD. OF DIRECTORS OF ERIE-WYOMING COUNTY SOIL CONSERVATION DIST.

No. 8.

2024 NY Slip Op 00159

SUZANNE P., & C., Appellant, v. JOINT BOARD OF DIRECTORS OF ERIE-WYOMING COUNTY SOIL CONSERVATION DISTRICT, & C., ET AL., Respondents.

Court of Appeals of New York.

Decided January 16, 2024.

Attorney(s) appearing for the Case

William A. Quinlan , for appellant.

Jeremy C. Toth , for respondent County of Erie.

Paul F. Hammond , for respondent Town of West Seneca.

Mark P. Della Posta , for respondent Joint Board of Directors of Erie-Wyoming County Soil Conservation District.

Justin L. Hendricks , for respondent Erie County Soil and Water Conservation District.

Philip C. Barth III , for respondent Wyoming County Soil and Water Conservation District.

Opinion by Judge Cannataro. Judges Garcia, Singas and Halligan concur. Judge Troutman dissents in part in an opinion, in which Chief Judge Wilson and Judge Rivera concur.

Opinion

This appeal arises from the tragic death of a teenage boy who drowned after swimming near a low-head dam on Buffalo Creek in Erie County. The principal issue is whether the courts below erred in ordering a directed verdict following a jury trial on the issue of whether the Joint Board of Directors of Erie-Wyoming...

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