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ALBINO v. NEW YORK CITY HOUSING AUTHORITY

2624, 27774/03.

78 A.D.3d 485 (2010)

912 N.Y.S.2d 27

TIMOTHY ALBINO et al., Plaintiffs, v. NEW YORK CITY HOUSING AUTHORITY, Defendant. NEW YORK CITY HOUSING AUTHORITY, Third-Party Plaintiff-Appellant, v. DIMENSION MECHANICAL CORPORATION, Third-Party Defendant-Respondent, et al., Third-Party Defendant. (And a Fourth-Party Action.) NEW YORK CITY HOUSING AUTHORITY, Third Third-Party Plaintiff-Appellant, v. HARLEM DOWLING WEST SIDE CENTER et al., Third Third-Party Defendants-Respondents.

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

Decided November 16, 2010.

In 1997, the infant plaintiff, Timothy Albino, who is developmentally disabled and dependent on others for care, was placed in foster care with plaintiff Carmen Albino. Although Ms. Albino had been trained and certified as a foster mother by third third-party defendant Harlem Dowling, she was not instructed on bathing a special needs child. When Ms. Albino requested a home attendant for Timothy, she was told that she would get an exceptional-child level subsidy instead.<...

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