ROSS v. CITY OF NEW YORK


302 A.D.2d 232 (2003)

753 N.Y.S.2d 725

KIM ROSS, Individually and as Administratrix of the Estate of TYNASHIA ROSS, Deceased, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided February 11, 2003.


Defendants concede that the motion court's rationale for dismissal was erroneous, but offer alternative arguments for affirmance of the ordered dismissal, which are properly before us and which we address. Social Services Law § 419 provides that "the removal or keeping of a child pursuant to [that] title" is cloaked in "immunity from any liability, civil or criminal," and that the municipality is presumed to have acted in good faith unless there was "willful misconduct...

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