ALBANY — Reinstating a novel fraud suit, an upstate appellate court ruled Thursday that an Ulster County family is entitled to a trial of its claim that an adoption agency intentionally concealed the past sexual abuse of a foster child it placed with the family.
The plaintiffs charge that the abused girl, identified only as Michelle, sexually abused two younger children that the Cardinal McCloskey School and Home for Children had also placed with them for adoption. In a unanimous opinion by Justice Thomas E. Mercure, the Appellate Division, Third Department found the plaintiffs “raised genuine questions of fact concerning the concealment of Michelle’s past sexual abuse ….”
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