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McLEAN v. CITY OF NEW YORK

49 A.D.3d 393 (2008)

853 N.Y.S.2d 340

CHARLENE McLEAN, as Mother and Natural Guardian of BRIANA HALL, an Infant, et al., Respondents, v. CITY OF NEW YORK, Appellant, et al., Defendants.

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

Decided March 18, 2008.

The infant plaintiff suffered severe brain injuries while in the care of defendant Theroulde and her day care center. There were triable issues of fact as to whether the City had an obligation to plaintiffs pursuant to a contract between the State and the City's Department of Health regarding the enforcement of state regulations governing the certification and operation of private home day care centers (18 NYCRR part 417). Liability could exist, even if the City's conduct...

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