Herman Law is pleased to announce significant legal victories in two cases brought under New York’s Child Victims Act against Westchester County. The Appellate Division, Second Judicial Department, has upheld crucial decisions denying Westchester County’s motions for summary judgment in both cases. ¹
Our clients, a brother and sister, endured years of sexual abuse perpetrated separately by their foster parents from 1977 to 1981 and from 1977 to 1983, respectively. Both survivors bravely came forward seeking justice. Their lawsuits allege that Westchester County failed in its responsibility to properly investigate and supervise the foster placements, resulting in long-lasting harm.
Westchester County moved for summary judgment, arguing it had no specific duty to protect our clients individually and had no knowledge of the foster parents’ abusive tendencies. In both rulings, the Appellate Court upheld the Supreme Court’s decisions, affirming that Westchester County owed a special duty to the children in its care and that in moving for summary judgment, the County failed to establish its prima facie entitlement.
Specifically, the Court emphasized that when a county takes legal custody of children and places them with foster parents, it has a heightened duty of care toward those children, beyond what is owed to the general public. The rulings reaffirmed “a municipality that has assumed legal custody of a foster child, and which selects and supervises the foster parents of that child, necessarily owes a duty to the child more than that owed to the public generally.”
In terms of notice of the sexual abuse, the Appellate Court found that the County failed to satisfy its prima facie burden that it lacked notice of the foster parent’s abusive propensities and conduct
These rulings represent powerful steps forward in holding foster care institutions accountable for protecting the children placed in their care. Herman Law is honored to represent these courageous survivors, and we remain committed to our mission of supporting survivors and pursuing justice against institutions that fail to protect children from harm.
¹ Lewis v. County of Westchester, 2025 NY Slip Op 02751 (App Div, 2d Dept 2025); Lewis v. County of Westchester, 2025 NY Slip Op 02752 (App Div, 2d Dept 2025).