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MOSHER-SIMONS v. COUNTY OF ALLEGANY

288 A.D.2d 823 (2001)

732 N.Y.S.2d 771

MELISSA J. MOSHER-SIMONS, Individually and as Administrator of the Estate of JARRETT T. ECK, Deceased, Respondent, v. COUNTY OF ALLEGANY, Appellant.

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

Decided November 9, 2001.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of defendant's motion seeking summary judgment dismissing the complaint insofar as it alleged that defendant was negligent in placing plaintiff's decedent, two-year-old Jarrett Thomas Eck, in the care and custody of Deborah L. Mosher, his maternal aunt. Mosher was convicted...

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