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MUNDELL v. NATIONWIDE INS.

181 Misc.2d 475 (1999)

693 N.Y.S.2d 400

MELVIN MUNDELL et al., Plaintiffs, v. NATIONWIDE INSURANCE COMPANIES, Defendant.

Supreme Court, Seneca County.

May 19, 1999.

Attorney(s) appearing for the Case

Holmberg, Galbraith, Holmberg & Orkin (Dirk A. Galbraith of counsel), for plaintiffs.

Hodgson, Russ, Andrews, Woods & Goodyear, L. L. P. (Patrick M. Tomovic and Jodyann Galvin of counsel), for defendant.

OPINION OF THE COURT

DENNIS F. BENDER, J.

Four-year-old Angellica Pesante was placed in the plaintiffs' foster home by the Seneca County Department of Social Services (DSS) on January 31, 1997. She thereafter resided continuously with the plaintiffs until her tragic death on March 18, 1997, which was ruled accidental by the Tompkins County Coroner, Janice Ross, M.D. There is no question that Angellica died while...

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