Legal Opinion

Ann JJ. v. Schenectady Ass'n for Retarded Citizens

Appellate Division of the Supreme Court of the State of New York

Decided February 5, 2009PublishedCited by 7 opinions

1Opinion of the CourtStein, J.

Appeal from an order of the Supreme Court (Kramer, J.), entered June 20, 2008 in Schenectady County, which granted defendants’ motion for summary judgment dismissing the complaint.

Edward JJ. is a 55-year-old man with the mental capacity of a three year old. Because Edward’s diminished capacity has limited his ability to communicate with others and prevents him from living on his own, he attended a day-care facility run by defendants. In or about February 2002, plaintiff, Edward’s mother, observed certain sexual behaviors in her son that she had not previously observed. When asked about those…

2Cases cited7 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  4. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  5. Diaz v. New York Downtown HospitalNew York Court of Appeals · 2002

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Kropp v. Town of ShandakenAppellate Division of the Supreme Court of the State of New York · 2012
  2. Gray v. South Colonie Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2009
  3. Autiello v. CumminsAppellate Division of the Supreme Court of the State of New York · 2009
  4. Hicks v. Berkshire Farm Center & Services for YouthAppellate Division of the Supreme Court of the State of New York · 2014
  5. Johnson v. New York & Presbyt. Hosp.Appellate Division of the Supreme Court of the State of New York · 2021

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API