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VALENCIA EX REL. FRANCO v. LEE

Docket No. 01-7327.

316 F.3d 299 (2003)

Christian R. VALENCIA, an Infant By his Mother and Natural Guardian, Teresa FRANCO, Plaintiff-Appellee, v. Sung M. LEE and Shiu Chun Lee, Defendants, The City of New York, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 21, 2003.

Attorney(s) appearing for the Case

John M. Daly, Yonkers, New York (John E. Fitzgerald, Eugene S.R. Pagano, Alberto Casadevall, Fitzgerald & Fitzgerald, Yonkers, New York, on the brief), for Plaintiff-Appellee.

Margaret G. King, Assistant Corporation Counsel, New York, New York (Michael D. Hess, Corporation Counsel of the City of New York, Larry A. Sonnenshein, Thomas G. Merrill, Dwayne C. Turner, Assistant Corporation Counsel, New York, New York, on the brief), for Defendant-Appellant.

Before: NEWMAN and KEARSE, Circuit Judges, and RAKOFF, District Judge.

KEARSE, Circuit Judge.

Defendant City of New York (the "City") appeals from a judgment entered in the United States District Court for the Eastern District of New York, following a bench trial before David G. Trager, Judge, ordering the City to pay plaintiff Christian R. Valencia ("Christian"), an infant represented by his mother and natural guardian, Teresa Franco (collectively "plaintiffs"), $385,000, on the ground that the City had created a special relationship...

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