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Family of boy killed in Delaware Park crash takes next step toward suing city, state

The attorney representing the family of Maksym Sugorovskiy this week Tuesday took another step forward in plans to file a civil suit in connection with the accident in Delaware Park last May that took the life of the three-year old and severely injured his five-year-old sister.

“Under the law we were required to notify the City of Buffalo, State of New York and County of Erie within 90 days of the date of the accident or else we could be barred from ever bringing a lawsuit against these municipalities,” said attorney Mark Cantor. “Consequently, to protect the legal interests of the family, we in fact did this in a timely matter.”

Maksym was killed and Stephanie Sugorovskiy suffered two broken legs, a broken right wrist and a brain injury when a car veered off the Scajaquada Expressway and struck them on Ring Road on May 30.

No charges were filed against the driver, Christian P. Myers, who told police he had fallen asleep at the wheel.

“Despite the life-altering situation that has been thrust upon them because barriers were not erected along the 198 until it was too late, the Sugorovskiys are doing their very best to get on with their lives,” Cantor said in a statement to the media.

“We still have hope that there will be an acceptance of responsibility by the city and state so that a lawsuit will not have to be filed.” Cantor stated. “As of yet, that has not happened,” Cantor said.