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PATRICK v. UNITED CEREBRAL PALSY ASSOCIATION OF CAPITAL DISTRICT, INC.

0025342/0061, IRSI No. 01-07-089609.

2008 NY Slip Op 32253 (U)

ELIZABETH B. PATRICK, Guardian of the Person of DAVID MICHAEL JOSEPH PATRICK, a Mentally Retarded/Developmentally Disabled Person, Plaintiff, v. THE UNITED CEREBRAL PALSY ASSOCIATION OF THE CAPITAL DISTRICT, INC., Defendant. THE UNITED CEREBRAL PALSY ASSOCIATION OF THE CAPITAL DISTRICT, INC., Third-Party Plaintiff, v. ALL METRO HEALTH CARE, ALL METRO HOME CARE SERVICES, INC., ALL METRO HOME CARE SERVICES OF NEW YORK, INC., and ALL METRO AIDS, INC., Third-Party Defendants.

Supreme Court of the State of New York, Albany County.

August 13, 2008.

Attorney(s) appearing for the Case

Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., William J. Decaire, Albany, New York, Attorneys for Defendant/Third-Party Plaintiff

Phelan, Phelan & Dank, LLP, Stanley J. Tartaglia, Jr., Albany, New York, Attorneys for Thirds Party Defendants.

JOSEPH C. TERESI, Judge

On December 18, 1998, David Patrick, a mentally disabled individual, was living and receiving care at "Reilly House", which is owned and operated by Defendant/Third Party Plaintiff (hereinafter "Third-Party Plaintiff"). Mr. Patrick had broken his leg earlier in 1998 and his guardian sought additional one-on-one care for him, to supplement the care that was regularly provided at Reilly House. Third-Party Plaintiff arranged for Third-Party Defendants...

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