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D.T. v. RICH

No. 207.

24 N.Y.3d 1103 (2014)

D.T., Also Known as D. T.-R., Individually and by ROBERTO RODRIGUEZ, as Commissioner of Social Services of Ulster County, Appellant, v. IRWIN RICH, Defendant, and SAINT CABRINI HOME, INC., Respondent.

Court of Appeals of New York.

Decided November 25, 2014.

Attorney(s) appearing for the Case

Basch & Keegan, LLP, Kingston ( Derek J. Spada of counsel), for appellant.

Martin Clearwater & Bell LLP, New York City ( Barbara D. Goldberg of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and defendant Saint Cabrini Home, Inc.'s motion for summary judgment denied.

The Ulster County Department of Social Services placed plaintiff D.T., a neglected 13-year-old child, at a residential facility operated by defendant Saint Cabrini Home, Inc. (Saint Cabrini) in Ulster County. In January 2007, plaintiff left the facility without permission...

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