An appellate court in Manhattan yesterday reinstated a lawsuit claiming a child care agency failed in its duty to remove a 6-year-old boy over which it had legal authority from a foster family before the boy set a fire that resulted in the deaths of the foster parents and the boy’s 4-year-old sister.
However, although a unanimous panel of the Appellate Division, First Department, determined such a duty existed, it concluded there was an issue of fact about whether the agency received adequate notice from the foster parents that the child was dangerous.
