DAWN VV. v. STATE OF NEW YORK


47 A.D.3d 1048 (2008)

850 N.Y.S.2d 246

DAWN VV., an Individual with Mental Disabilities, by DALLIS VV., Her Guardian, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided January 10, 2008.


Kane, J.

Claimant, an autistic and mentally retarded woman, lives in a residential facility operated by defendant for individuals with developmental disabilities. In February 2004, a male resident at the facility sexually assaulted claimant. Nineteen days later, in March 2004, another sexual incident occurred between claimant and a different male resident. Neither of the men was prosecuted due to his diminished mental capacities. Claimant's guardian commenced this...

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