“Appeal from an order of the Supreme Court (Versaci, J.), entered January 26, 2015 in Schenectady County, which denied motions by defendant Town of Duanesburg and defendant County of Schenectady for summary judgment dismissing the complaint against them.
Plaintiff’s daughter, Heather Bynum, attended a music festival known as Camp Bisco, held in the Town of Duanesburg, Schenectady County, where she ingested a harmful substance and sustained significant injuries. Thereafter, plaintiff commenced this action on behalf of Bynum against, among others, defendants Town of Duanesburg and County of Schenectady (hereinafter collectively referred to as defendants), alleging that they negligently issued the necessary permits for Camp Bisco because they knew or should have known that the permit applications significantly underestimated the anticipated number of attendees, resulting in a level of medical staffing at the festival inadequate to promptly respond to Bynum’s condition.1 After joinder of issue, defendants separately moved for summary judgment dismissing the complaint against them, asserting governmental immunity from tort liability. Supreme Court thereafter denied defendants’ motions, finding them to be premature, and further finding that issues of fact existed as to whether defendants assumed a special duty to Bynum. Defendants now appeal, and we reverse.”
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Supreme Court, Appellate Division, Third Department, New York.
January 7, 2016.