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MATTER OF ANTOINETTE C. v. COUNTY OF ERIE

949 CA 20-01388.

202 A.D.3d 1464 (2022)

2022 NY Slip Op 00776

In the Matter of Antoinette C. et al., as Parents and Natural Guardians of Robert C., Jr., Respondents, v. County of Erie, Appellant, et al., Respondents.

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

Decided February 4, 2022.

Attorney(s) appearing for the Case

MICHAEL A. SIRAGUSA , COUNTY ATTORNEY, BUFFALO ( THOMAS J. NAVARRO, JR. , OF COUNSEL), FOR RESPONDENT-APPELLANT.

BROWN CHIARI LLP, BUFFALO ( JESSE A. DRUMM OF COUNSEL), FOR CLAIMANTS-RESPONDENTS.

Present—Peradotto, J.P., Carni, Lindley, Winslow and Bannister, JJ.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and the application is denied in its entirety.

Memorandum: In mid-November 2018, claimants' son, who was then eight years old, was a passenger in a vehicle operated by a family member when the driver lost control on a road maintained by respondent County of Erie (County) and crashed into a tree. The son sustained...

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