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McLEAN v. CITY OF NEW YORK

12 N.Y.3d 194 (2009)

___ N.E.2d ___

___ N.Y.S.2d ___

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

Court of Appeals of New York.

Decided March 31, 2009.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Edward F.X. Hart, Stephen J. McGrath and Leonard Koerner of counsel), for appellant.

Sullivan Papain Block McGrath & Cannavo P.C., New York City (Brian J. Shoot of counsel), and John J. Appell for respondent.

Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

SMITH, J.

Once again we confront a case in which a failure by government to do its job has caused harm, and once again we hold that this is not one of the few cases in which such a failure subjects the government to tort liability.

I

Patricia Theroulde had a business caring for young children at her home in Manhattan. Her facility was of the kind...

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