FERNANDEZ v. MERCYFIRST

Index No. 20992/16E. Appeal No. 15905. Case No. 2022-00448.

205 A.D.3d 476 (2022)

168 N.Y.S.3d 61

2022 NY Slip Op 03071

Jessica M. Fernandez, Respondent, v. MercyFirst, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 10, 2022.


Attorney(s) appearing for the Case

Rurherford & Christie, LLP, New York (Gianna C. Signorille of counsel), for appellant.

Joseph T. Mullen, Jr. & Associates, New York (Neil A. Zirlin of counsel), for respondent.

Concur—Webber, J.P., Singh, Moulton, Kennedy, Rodriguez, JJ.


Plaintiff was a minor who had run away from home at the age of 11. She went on to be sexually abused, exploited, and trafficked. When plaintiff's family located her, at age 15, plaintiff's mother agreed to her placement with defendant MercyFirst. MercyFirst is a nonsecure residential facility for hard-to-place youths, which uses observation and verbal intervention to prevent residents from leaving without permission. There is evidence that MercyFirst knew, from the onset...

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