Legal Opinion

Bartels v. County of Westchester

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

Decided July 7, 1980PublishedCited by 57 opinions

1Opinion of the Court

OPINION OF THE COURT

Hopkins, J.

May a county be liable for injuries suffered by an infant remanded to the county’s custody caused by the negligence of the county’s employees in the placement and supervision of the infant in the care of persons who were not proper foster parents? We answer this question in the affirmative and thus affirm Trial Term which denied the appellants’ motion to dismiss the amended complaint for failure to state a cause of action.

I

The infant plaintiff was born on October 18, 1971. This action was commenced in August, 1974.

The amended complaint, pieced out by the bill of…

2Cases cited21 opinions

  1. Smith v. Organization of Foster Families for Equality & ReformSupreme Court of the United States · 1977
  2. Glanzer v. . ShepardNew York Court of Appeals · 1922
  3. Weiss v. FoteNew York Court of Appeals · 1960
  4. Holodook v. SpencerNew York Court of Appeals · 1974
  5. Bernardine v. City of New YorkNew York Court of Appeals · 1945

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3Cited by57 opinions

  1. Mark G. v. SabolNew York Court of Appeals · 1999
  2. National Bank of South Dakota v. LeirSouth Dakota Supreme Court · 1982
  3. Barnes v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1985
  4. New Jersey Property-Liability Ins. Guar. Ass'n v. StateNew Jersey Superior Court Appellate Division · 1984
  5. Sean M. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005

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

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