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LEE DE'LEONE v. CITY OF NEW YORK

45 A.D.3d 254 (2007)

845 N.Y.S.2d 241

JOSEPH LEE DE'LEONE, an Infant, by His Legal Guardian and Adoptive Mother, DEBORAH ANGEL, 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.

Decided November 1, 2007.

Even though Deborah Angel adopted the infant plaintiff after the tort at issue occurred, the adoptive mother had standing to assert a derivative claim for future medical expenses incurred on the child's behalf. To deprive the adoptive mother of the ability to recover medical expenses would unreasonably interfere with her absolute duty to support her minor child (see Clough v Board of Educ. of Spencerport Cent. School Dist...

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