Legal Opinion

In re Air Crash Near Clarence Center

New York Supreme Court

Decided August 11, 2014Published

1Opinion of the Court

OPINION OF THE COURT

Frederick J. Marshall, J.

On February 12, 2009, Continental Connection Flight 3407 crashed on approach to the Buffalo Niagara International Airport, killing all 49 passengers and crew, as well as one individual on the ground. Douglas Wielinski died when the fallen aircraft struck his home in Clarence, New York. His wife and daughter, who were also at home, suffered injuries but managed to escape the burning dwelling.

The aircraft was operated by Colgan Air, Inc., a regional carrier, in accordance with a capacity purchase agreement (CPA) with Continental Airlines, Inc. Colgan…

2Cases cited10 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001
  3. Kleeman v. RheingoldNew York Court of Appeals · 1993
  4. Eaves Brooks Costume Co. v. Y.B.H. Realty Corp.New York Court of Appeals · 1990
  5. Maurillo v. Park Slope U-HaulAppellate Division of the Supreme Court of the State of New York · 1993

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