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WALDON v. LITTLE FLOWER CHILDREN'S SERVICE

1 N.Y.3d 612 (2004)

808 N.E.2d 852

776 N.Y.S.2d 532

JOYCE WALDON, Respondent, v. LITTLE FLOWER CHILDREN'S SERVICE et al., Appellants, et al., Defendant.

Court of Appeals of the State of New York.

Decided February 17, 2004.

Attorney(s) appearing for the Case

Conway, Farrell, Curtin & Kelly, P.C., New York City (Jonathan Uejio of counsel), for appellants.

Brecher Fishman Pasternack Popish Heller Rubin & Reiff, P.C., New York City (Frank Gulino of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, defendants-appellants' motion for summary judgment dismissing the complaint granted, and the certified question answered in the negative.

Plaintiff foster parent was stabbed by her foster child's biological mother as she was leaving the premises of defendant Little Flower Children's Service, a private social services agency, after the agency supervised...

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