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LARA v. CITY OF NY

187 Misc.2d 882 (2001)

726 N.Y.S.2d 217

CAROLINA LARA, an Infant, by Her Father and Natural Guardian, MARINO LARA, et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, New York County.

March 20, 2001.

Attorney(s) appearing for the Case

Jacobowitz, Garfinkel & Lesman, New York City (Barry R. Temken of counsel), for City of New York, defendant.

Ahmuty, Demers & McManus, New York City (George Evans of counsel), for Graham-Windham Services to Families and Children, defendant.

Schneider, Kleinick, Weitz, Damashek & Shoot, New York City (Lloyd Robert of counsel), for plaintiffs.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

These motions for summary judgment1 by the City and a child care agency raise significant immunity questions.

Plaintiffs Carolina Lara and Marino Lara, her biological father, sue the City, and its contractor Graham-Windham, alleging negligent provision of foster care because Carolina was sexually abused in the home of her foster mother.

Facts

In November 1997...

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