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DEWICK v. VILLAGE OF PENN YAN

No. 96-CV-6523L.

972 F.Supp. 166 (1997)

Amber DEWICK, Individually and as Administratirix of the Estate of Daniel Dewick, deceased and Maynard Kerrick, Individually and as Administrator of the Estate of Trina Kerrick, deceased, Plaintiff, v. VILLAGE OF PENN YAN, Village of Penn Yan Parks Department, Mayor Nissen, Trustee R. Hamilton, Jr., Trustee L. Mackerchar, and Trustee J. Maciejewski, Defendants.

United States District Court, W.D. New York.

July 14, 1997.

Attorney(s) appearing for the Case

Lawrence J. Strauss, Nicholas, Perot & Strauss, Akron, NY, Ronald R. Gilbert, Ronald R. Gilbert, P.C., Detroit, MI, for Plaintiffs.

Robert J. Burke, Burke, Grossman, Valenti, Albright, Harter, Rzepka & Beebe, Rochester, NY, James M. DeVoy, Law Office of James M. DeVoy, Buffalo, NY, for Defendants.

DECISION AND ORDER

LARIMER, Chief Judge.

INTRODUCTION

This case arises from the tragic drowning of a young girl and her would-be rescuer at a public beach in Penn Yan, New York. Representatives of the estates of both commenced this action in federal court on November 15, 1996. The complaint alleges several acts of negligence on behalf of the Village of Penn Yan and various Village employees or...

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