Cheeks v. City of New York

*533Friedman, J.P., and Sweeny, J.,

concur in a separate memorandum by Friedman, J.P., as follows: Flaintiff Tatiana Cheeks was the sole custodian and caregiver of her daughter Cha-Nell, who was born in healthy condition on February 16, 1998. Early in the morning of March 27, 1998, plaintiff found 5½-week-old Cha-Nell unresponsive and not breathing; the infant was taken to the hospital and pronounced dead on arrival. The cause of the little girl’s death was not immediately clear — although the emergency room doctor remarked at the time that the “child presents as malnourished” — and an autopsy was…