Lillian C. v. Administration for Children's Services
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered February 1, 2007, which, to the extent appealed from as limited by the briefs, denied defendants-appellants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendants-appellants dismissing the complaint as against them.
The record contains no evidence of willful misconduct or gross negligence, which is required to overcome the statutory presumption that the Administration for Children’s Services…
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