238 A.D.3d 1019
N.Y. App. Div.2025Background
- Venetta Lewis, the plaintiff, alleged she was sexually abused by her foster father while in foster care under the custody of the County of Westchester between 1977 and 1983.
- The action was brought under the Child Victims Act (CPLR 214-g), targeting the County for its alleged negligent failure to prevent the abuse.
- The County of Westchester argued for summary judgment, contending it did not owe a special duty to Lewis and had no notice of the foster father's propensity for abuse.
- The Supreme Court, Westchester County, denied the County's motion for summary judgment.
- The County appealed that denial to the Appellate Division, Second Department.
- The Appellate Division affirmed the denial, allowing Lewis's claims against the County to proceed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether County owed a duty beyond public obligation | County had legal custody; owed duty | No special duty without specific relationship | County owed special duty as custodian |
| Need to plead a special relationship | Unnecessary due to custody status | Plaintiff must plead/prove special relationship | Not required if municipal custody exists |
| County's notice of foster father's propensity | County should have known/foreseen | No notice of dangerous propensity | County failed to show lack of notice |
| Entitlement to summary judgment | Sufficient issues for trial | No triable factual issues; entitled to judgment | Summary judgment properly denied |
Key Cases Cited
- Adams v. Suffolk County, 234 A.D.3d 1 (municipality owes heightened duty to foster children in its custody)
- Fitzgerald v. Westchester County, 232 A.D.3d 771 (special relationship need not be separately pleaded in municipal foster care context)
- Keizer v. SCO Family of Services, 120 A.D.3d 475 (counties/agencies can be liable for negligent selection and supervision of foster parents)
- Grabowski v. Orange County, 219 A.D.3d 1314 (liability for negligent foster home supervision requires notice of dangerous conduct)
- Mirand v. City of New York, 84 N.Y.2d 44 (agency must have specific knowledge or notice of potential third-party harm)