BARNES v. COUNTY OF NASSAU


108 A.D.2d 50 (1985)

William J. Barnes, as Administrator of The Estate of John Outlaw, Jr., Deceased, Respondent, v. County of Nassau et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 15, 1985


Attorney(s) appearing for the Case

Edward G. McCabe, County Attorney (Kathryn Driscoll Hopkins and William S. Norden of counsel), for appellants.

Solerwitz, Solerwitz & Leeds (Sari M. Friedman, James O'Shea and Judith A. Kravitz of counsel), for respondent.

RUBIN, LAWRENCE and EIBER, JJ., concur.


O'CONNOR, J. P.

Should a county be permitted to amend its answer to interpose a defense of immunity against a claim of negligent placement and supervision of an infant in foster care? For the reasons stated below, we answer this question in the negative and thus affirm Special Term which denied the county defendants' motion for leave to amend and for summary judgment.

I

In July 1977, defendant...

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