RIVERA v. WESTCHESTER COUNTY

20883/2006

31 Misc.3d 985 (2011)

919 N.Y.S.2d 840

CARMEN RIVERA, as Administratrix D.B.N. of the Estates of ELIJAH SANTANA and Another, Deceased, Plaintiff, v. COUNTY OF WESTCHESTER et al., Defendants.

Supreme Court, Westchester County.

Decided April 1, 2011.


Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, for Westchester County, defendant.

Schuman Sall & Geist, White Plains, for plaintiff.


OPINION OF THE COURT

WILLIAM J. GIACOMO, J.

Factual and Procedural Background

On May 31, 2005, defendant County of Westchester received an anonymous call that, inter alia, Elijah Santana, born on August 12, 2002, and David Maldonado, Jr., born on November 20, 2003, were being neglected by their parents/guardians, David Maldonado, Sr. and Luz Arroyo. Emergency workers arrived at the home within 60 minutes of the anonymous call and determined...

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