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SALAMANCA – The State Appellate Court has reaffirmed the Seneca Nation of Indians’ sovereign immunity by rejecting a lawsuit against 17 officers of two Seneca companies, the nation announced.
“It is a very good case precedent to have reaffirmed in New York law,” said Seneca President Robert Odawi Porter.
The suit, brought by Sue-Perior Concrete & Paving of West Seneca against Seneca Gaming Corp. and Seneca Niagara Casino, was rejected in State Supreme Court, but the judge let stand a case against the officers. Sue-Perior contended that the officers improperly told the Seneca companies not to pay for work performed under contracts.
The five-judge appeals court unanimously agreed with Seneca arguments that the officers also were protected by sovereign immunity, ruling that the officers never acted outside of their official capacities.