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SEAN M. v. CITY OF NEW YORK

20 A.D.3d 146 (2005)

795 N.Y.S.2d 539

SEAN M. et al., Respondents, v. CITY OF NEW YORK et al., Appellants, et al., Defendant.

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

May 24, 2005.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Ronald E. Sternberg and Leonard Koerner of counsel), for municipal appellants.

Goldstein & Tanenbaum, P.C., Carle Place (Christopher R. Invidiata, Steven I. Brizel and Steven F. Goldstein of counsel), for Louise Wise Agency, appellant.

Law Offices of Melvin Kreidman, New Rochelle (Melvin Kreidman of counsel), for respondents.

SULLIVAN, GONZALEZ and CATTERSON, JJ., concur.

OPINION OF THE COURT

TOM, J.P.

At issue on this appeal is whether the City of New York and a child protective service, defendant Louise Wise Services (LWS), sued herein as Louise Wise Agency, are insulated by immunity from liability for injuries allegedly sustained by children, both in connection with their judicial placement into the foster care system and subsequently, while in the custody of various foster...

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