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HESLIN v. COUNTY OF GREENE

503811.

2008 NY Slip Op 06481

EUGENIA BRENNAN HESLIN, as Administrator of the ESTATE OF EGYPT A. PHILLIPS, Deceased, Respondent, v. COUNTY OF GREENE, Appellant, ET AL., Defendants.

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

Decided July 31, 2008.

Attorney(s) appearing for the Case

Boeggeman, George & Corde, P.C., White Plains (Cynthia Dolan of counsel), for appellant.

O'Connell & Aronowitz, Albany (Pamela A. Nichols of counsel), for respondent.

Before: Peters, J.P., Spain, Carpinello, Lahtinen and Malone Jr., JJ.

MEMORANDUM AND ORDER

MALONE Jr., J.

The three-year-old decedent died on November 21, 2004 as a result of intentionally inflicted injuries she sustained over an eight-month period at the hands of her mother's boyfriend, James Smith. Plaintiff, who was the Law Guardian for decedent's two infant siblings, was appointed administrator of decedent's estate and commenced this action for wrongful death and personal injury against defendant County of Greene (hereinafter...

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