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H.M. v. CITY OF NEW YORK

154651/14. Appeal No. 13894. Case No. 2020-03354.

194 A.D.3d 647 (2021)

2021 NY Slip Op 03376

H.M., an Infant, by her Father and Natural Guardian, Sam M., et al., Respondents-Appellants, v. City of New York et al., Respondents, Leake & Watts Services Inc., Appellant-Respondent, and Jose Alicea, Respondent-Appellant, et al., Defendants.

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

Decided May 27, 2021.

Attorney(s) appearing for the Case

Rutherford & Christie, New York ( Michael C. Becker of counsel), for Leake & Watts Services Inc., appellant-respondent and municipal respondents.

Sullivan Papain Block McGrath Coffinas & Cannavo PC, Garden City ( Christopher J. DelliCarpini of counsel), for H.M., Sam M. and Tiffany D., respondents-appellants.

Scahill Law Group P.C., Bethpage ( Kelly E. Wright of counsel), for Jose Alicea, respondent-appellant.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Mendez, JJ.

In June 2013, the City and Leake removed the infant plaintiff, H.M. from her parents' home and placed her in the foster care of defendant Frankie Butler, who lived in a home owned by defendant Alicea, which has a bathroom on the second floor containing a shallow bathtub with sides lower than most tubs, and a hand-held shower. On August 13, 2013, as Butler was preparing to shower H.M., she turned on the water in the shower and momentarily became distracted—for a few...

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