PUBLISHER'S NOTE: The story below was duplicated in its entirety from a July 28, 2009 article in the Niagara Gazette. It does, however, contain one major inaccuracy: Magdalena Lubowska categorically DID NOT dip her feet in the treacherous waters. She actually had a well-known fear of water.
By Rick Pfeiffer
rick.pfeiffer@niagara-gazette.com
Niagara Gazette
It now appears that a Falls woman, accused of running an illegal bed and breakfast will go to trial on charges involving housing code violations at her property.
Eva Hedges now has a Sept. 21 violation trial date on charges that include failure to get an application for a permit to operate a bed and breakfast, operating a bed and breakfast in an area zoned for single family residential homes, and having a fence on her property that is taller than four feet.
In April, Hedges had been given an additional two months to bring her Fourth Street property into compliance.
Her attorney has steadfastly denied that Hedges runs a bed and breakfast out of her home.
“We deny she ever operated a bed and breakfast,” George V. C. Muscato said. “Our future course of action is there will be no bed and breakfast there.”
Attention was drawn to Hedges’ home after a 12-year-old Bronx girl, who was staying there as part of a Polish children’s camp, slipped into the Niagara River gorge on a field trip and drowned.
The incident has drawn the attention of Niagara County District Attorney Michael Violante.
“Our investigation is still on-going,” Violante said on Tuesday.
The DA is reportedly “still deciding” whether or not to bring charges against Hedges, 62, and her son, Timothy, 23, who was leading the field trip of more than 20 children to the Niagara Gorge.
Magdalena Lubowska slipped off a rock as she dipped her feet into the river. She was swept away into the gorge and drowned.
Falls building inspectors have charged that Hedges has continued to operate a bed and breakfast out of her home in the aftermath of Lubowska’s death.
Lubowska’s parents have said they will sue Hedges and others in connection with their daughter’s death.
“We have filed a notice of claim against the state of New York, the city of Niagara Falls and the county,” attorney Gus Michael Farinella said. “Somebody has to be responsible for the death of this little girl.”
Contact reporter Rick Pfeiffer at 282-2311, ext. 2252.
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