An upstate appellate court has reinstated most of a lawsuit filed against Erie County in connection with the murder of a 23-year-old woman who was tortured and killed at the hands of her mother and half brother.
The Appellate Division, Fourth Department, said Erie County should not have been granted governmental immunity at the pleading stage. The panel stressed that “whether the acts in question were discretionary and thus immune from liability” is a factual issue that the plaintiff is entitled to address.
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