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Decisions of Interest

By ALM Staff | Law Journal Newsletters |
December 18, 2009

Because of 'Special Relationship,' Social Services Not Exempt from Liability

Supreme Court, Kings County, declined to dismiss a tort action against the Administration of Children's Services (ACS) and some of its employees because the plaintiff pleaded facts sufficient to allege a “special relationship” between ACS and the subject deceased child, defeating defendants' assertion that they were entitled to absolute immunity concerning any harm caused by their performance of their governmental functions. Gotlin v. City of New York, — N.Y.S.2d —-, 2009 WL 3681839 (Sup. Ct., King's County, 10/27/09) (Miller, J.).

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