Chalmers v. County of Chemung

Levine, J. (concurring in part and dissenting in part). The claim herein is made by the parents individually as well as on behalf of their infant. Although I would agree with the majority that defendants were on notice of the incident out of which the claims arose, the record establishes at least some degree of prejudice in that defendants were not made aware that negligent placement and supervision of the foster child were being claimed until the instant motion was made. This forestalled prompt investigation of these charges, and defendants also now run the risk of disclaimer by the county’s…