Appeal from an order of the Supreme Court, Erie County (Mark J. Grisanti, A.J.), entered December 3, 2019. The order, among other things, granted plaintiffs motion for a directed verdict and vacated the jury verdict. On June 12, 2012, plaintiff's decedent, Mitchell Pearce, sustained fatal injuries in the Buffalo Creek. Plaintiff alleges that Pearce was caught in the hydraulic effect of a low head-type dam. Plaintiff alleges that defendants were negligent in the erection, operation and maintenance of the dam, and also that the County was negligent in advising the other defendants had no duty to place warning signs. The County moved to dismiss that latter allegation on the ground that soil and water conversation districts are separate entities and any advice it may have given such a district did not create a duty to decedent. Supreme Court denied the motion, but this Court modified by dismissing the claim with respect to advice (153 AD3d 1635; CA 17-323;1043/17 [W] C D N JW). After further discovery, Supreme Court granted summary judgment to each defendant, except the Joint Board. The Joint Board appealed, and plaintiff appealed. On Appeal this court affirmed (see 175 A.D.3d 1093 [4th Dept. 2019];#s 723 -727; CA 18-1647, 1648,1649, 1589 2015; W [EMP] EC L JC). The court granted Joint Board?s motion to bifurcate so that the first phase of the trial would solely address whether the Joint Board owned the dam. At the close of proof Joint Board moved to dismiss the plaintiff?s case and plaintiff moved for a judgment that Joint Board owned the subject dam. The court reserved and the jury found that Joint Board did not own the subject dam. Once the jury was dismissed the court set aside the jury verdict and granted plaintiffs motion. Joint Board appeals.
CPLR art 78 Proceeding Transferred by Order of
DAVID W. HERKALA | 10 | |
SARAH BARTELS | SUB |
Sentence
BRADLEY E. KEEM | SUB | |
JOSHUA J. TONRA | SUB |
Assault
Assault
Habeas Corpus
ALEXANDRA LEIGH MITTER | 10 | |
SARAH L. ROSENBLUTH | 10 |
Custody
HEIDI W. FEINBERG | SUB | |
WENDY S. SISSON | SUB | |
PAUL B. WATKINS | 10 |
Support
TRACY LEE PUGLIESE | SUB |
Terminate Parental Rights
MARK C. DAVISON | SUB | |
DONALD S. THOMSON | 10 | |
THOMAS VINCENT CASE | 5 |
Terminate Parental Rights
Mental Hygiene Law
STEVEN J. HUNTZINGER | 10 | |
KATHLEEN M. TREASURE | 10 |
Mental Hygiene Law
Directed Verdict
MARK P. DELLA POSTA | 10 | |
WILLIAM A. QUINLAN | 10 |
Freedom of Information Law
JEREMY C. TOTH | 15 | |
NICHOLAS RAMIREZ | 15 |
Dismiss Complaint
JASON M. TELAAK | 10 | |
KEVIN J. GRAFF | 15 |
CPLR art 78
DIANE M. PERRI ROBERTS | 15 | |
KRISTEN M. MACHELOR | 15 |
Dismiss Complaint
ANDREW W. KIRBY | 10 | |
BREANNA C. REILLY | 15 |
Negligence
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