Legal Opinion

Christian R. Valencia, an Infant by His Mother and Natural Guardian, Teresa Franco v. Sung M. Lee and Shiu Chun Lee, the City of New York

Court of Appeals for the Second Circuit

Decided January 21, 2003No. Docket 01-7327PublishedCited by 416 opinions

1Opinion of the Court

KEARSE, Circuit Judge.

Defendant City of New York (the “City”) appeals from a judgment entered in the United States District Court for the Eastern District of New York, following a bench trial before David G. Trager, Judge, ordering the City to pay plaintiff Christian R. Valencia (“Christian”), an infant represented by his mother and natural guardian, Teresa Franco (collectively “plaintiffs”), $385,000, on the ground that the City had created a special relationship with Christian and had breached its duty to use due care with respect to his health. On appeal, the City contends principally that…

2Cases cited18 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
  3. David Giordano v. City of New York, Howard Safir, Police Commissioner, New York City Police Department, Medical Board, Police Pension Fund, Article IICourt of Appeals for the Second Circuit · 2001
  4. Cuffy v. City of New YorkNew York Court of Appeals · 1987
  5. Weiss v. FoteNew York Court of Appeals · 1960

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3Cited by416 opinions

  1. Lundy v. Catholic Health System of Long Island Inc.Court of Appeals for the Second Circuit · 2013
  2. Calcano v. Swarovski N. Am. Ltd.Court of Appeals for the Second Circuit · 2022
  3. Pension Benefit Guaranty Corp. Ex Rel. Saint Vincent Catholic Medical Centers Retirement Plan v. Morgan Stanley Investment Management Inc.Court of Appeals for the Second Circuit · 2013
  4. Shahriar v. Smith & Wollensky Restaurant Group, Inc.Court of Appeals for the Second Circuit · 2011
  5. John Delaney v. Bank of America Corp.Court of Appeals for the Second Circuit · 2014

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