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CHEEKS v. CITY OF NEW YORK

10903, 21962/99

123 A.D.3d 532 (2014)

998 N.Y.S.2d 847

2014 NY Slip Op 08764

TATIANA CHEEKS, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided December 16, 2014.

Friedman, J.P., and Sweeny, J., concur in a separate memorandum by Friedman, J.P., as follows: Plaintiff Tatiana Cheeks was the sole custodian and caregiver of her daughter Cha-Nell, who was born in healthy condition on February 16, 1998. Early in the morning of March 27, 1998, plaintiff found 5½-week-old Cha-Nell unresponsive and not breathing; the infant was taken to the hospital and pronounced dead on arrival. The cause...

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