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MATTISON v. CRAIG

266 A.D.2d 797 (1999)

699 N.Y.S.2d 161

ASHLEY MATTISON, an Infant, by CAROLE MATTISON, Her Mother and Guardian, et al., Appellants-Respondents, v. STEVEN C. CRAIG, Defendant, and COUNTY OF WASHINGTON, Respondent-Appellant.

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

Decided November 24, 1999.

Cardona, P. J.

In the summer of 1990, the Washington County Department of Social Services placed plaintiff Ashley Mattison (hereinafter the infant) and her two sisters in a foster home operated by Karen Jenkins and Albert Jenkins. On the morning of December 20, 1990, Albert Jenkins asked his 13-year-old daughter, Heidi, to get the morning newspaper from across the street. Instead of retrieving the paper herself, the infant, who was

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