Legal Opinion
McLean v. City of New York
New York Court of Appeals
Decided March 31, 2009PublishedCited by 261 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
Once again we confront a case in which a failure by government to do its job has caused harm, and once again we hold that this is not one of the few cases in which such a failure subjects the government to tort liability.
I
Patricia Theroulde had a business caring for young children at her home in Manhattan. Her facility was of the kind classified by the Social Services Law as a “family day care home”— “a program caring for children for more than three hours per day per child in which child day care is provided in a family home for three to six children” (Social…
2Cases cited14 opinions
- Cuffy v. City of New YorkNew York Court of Appeals · 1987
- Tango v. TulevechNew York Court of Appeals · 1983
- Lauer v. City of New YorkNew York Court of Appeals · 2000
- Sheehy v. Big Flats Community Day, Inc.New York Court of Appeals · 1989
- Garrett v. Holiday Inns, Inc.New York Court of Appeals · 1983
9 more not listed; retrieve them via the Exa API.
3Cited by261 opinions
- Valdez v. City of New YorkNew York Court of Appeals · 2011
- Applewhite v. Accuhealth, Inc.New York Court of Appeals · 2013
- City of New York v. Smokes-Spirits.Com, Inc.New York Court of Appeals · 2009
- Cruz v. TD Bank, N.A.New York Court of Appeals · 2013
- Turturro ex rel. Turturro v. City of New YorkNew York Court of Appeals · 2016
256 more not listed; retrieve them via the Exa API.