DeWick v. Village of Penn Yan
Cases that cite this one
7 later published cases cite this decision.
- Brian Pellham v. Let's Go Tubing, Inc. (Wash. Ct. App. 2017)
- Neydin Gaspar, on behalf of the Estate of Lenin Estrada Salgado v. The Last Resort Operations, LLC (Wash. Ct. App. 2025)
- Estate of McFarlin v. Lakeside Marina, Inc. (District Court, N.D. Iowa 2013)
- Poleyeff v. Seville Beach Hotel Corp. (Fla. Dist. Ct. App. 2001)
- Carol S. v. State of New York (Appellate Division of the Supreme Court of New York 2020)
- Seetaram v. State of New York (Appellate Division of the Supreme Court of New York 2017)
- Cohen v. State (Appellate Division of the Supreme Court of New York 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendants’ motion for summary judgment dismissing the complaints. These actions were commenced to recover damages for the wrongful deaths of Trina Kerrick and Daniel DeWick, who drowned in Keuka Lake on June 19, 1995. Kerrick allegedly gained access to the lake from the beach at Indian Pines Park, which is owned by defendant Village of Penn Yan. While wading in the water, she stepped from a sandbar where the lake bottom drops off and became caught in an undertow or current. DeWick drowned trying to save her. Neither of them could swim. The accident occurred on a hot day, four days before the beach officially opened for the season.
The complaints allege that defendants negligently failed to enforce their regulations prohibiting swimming when the beach is closed and there are no lifeguards on duty. “Enforcement of a statute or regulation is a distinctly governmental function as to which liability may not attach absent a special relationship giving rise to a special duty on the part of the municipality to exercise care for the benefit of a particular class of individuals” (Joslyn v Village of Sylvan Beach, 256 AD2d 1166, 1167). Defendants established that there was no such relationship, and plaintiffs failed to raise a triable issue of fact. Indeed, plaintiffs conceded the lack of a special relationship.
The complaints also allege that defendants negligently failed to post “no swimming” signs and otherwise failed to comply with State regulations governing bathing beaches. Defendants met their initial burden of proof with respect to that allegation, and plaintiffs failed to raise a triable issue of fact.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.