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SANDOVAL v. LEAKE & WATTS

303187/13. Appeal No. 12666. Case No. 2019-01413.

192 A.D.3d 91 (2020)

136 N.Y.S.3d 306

2020 NY Slip Op 08017

EDUARDO SANDOVAL, an Incapacitated Person, by His Co-Guardians, MAYRA SANDOVAL et al., Respondents, v. LEAKE AND WATTS SERVICES, INC., et al., Appellants, et al., Defendants.

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

Decided December 29, 2020.

Attorney(s) appearing for the Case

Sher Tremonte LLP, New York City ( Amanda Ravich and Theresa Trzaskoma of counsel), for Leake and Watts Services, Inc., appellant.

Miranda Slone Sklarin Verveniotis, LLP, Mineola ( Kelly M. Zic of counsel), for Asialone A. Edwards, appellant.

Rubenstein & Rynecki, Brooklyn ( Harper A. Smith of counsel), for respondents.

MANZANET-DANIELS, J.P., GESMER, KERN and OING, JJ., concur.

OPINION OF THE COURT

In the overnight hours of June 2-3, 2012, plaintiff Eduardo Sandoval (Sandoval), a nonverbal adult with severe autism, was burned with a heated metal potato masher by an employee at the residential facility where he lived. Defendant Leake and Watts Services, Inc. (L&W), a nonprofit organization, operated...

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