MARPE v. DOLMETSCH
280 A.D.2d 795 (2001)
721 N.Y.S.2d 611
TERRI L. MARPE, Appellant, v. PAUL DOLMETSCH, Defendant, and CAPITAL AREA COMMUNITY HEALTH PLAN, Respondent.
Appellate Division of the Supreme Court of the State of New York, Third Department.
Decided February 8, 2001.
Peters, J.P., Spain, Mugglin and Lahtinen, JJ., concur.
Plaintiff began her employment as a secretary with defendant Capital Area Community Health Plan (hereinafter CHP) in its Bennington, Vermont office in 1988. Almost immediately thereafter, she began treating regularly with defendant Paul Dolmetsch, a psychiatric social worker, who was also employed at CHP's Bennington office. By 1992, plaintiff's position at CHP evolved to medical records coordinator and receptionist, making her responsible for scheduling all patient appointments with the mental health providers at the Bennington office, including Dolmetsch. Plaintiff's counseling sessions with Dolmetsch continued without significant incident until August 1993, when Dolmetsch himself began to exhibit signs of mental illness.
The record indicates that on August 3, 1993, in response to his behavior, Dolmetsch's supervisor at CHP advised plaintiff that Dolmetsch was going to be taking a leave of absence from work and that all of his patient appointments would have to be rescheduled. That same evening, Dolmetsch telephoned plaintiff and asked if he could come to her home. Plaintiff consented and after Dolmetsch arrived, in response to his request, plaintiff asked her boyfriend to leave. The two ultimately engaged in sexual intercourse that night. Although
In 1994, plaintiff commenced this action against Dolmetsch and CHP asserting a number of claims against Dolmetsch (sexual harassment and discrimination, prima facie tort, negligent and intentional infliction of emotional distress and assault and battery) and two claims against CHP (sexual harassment and discrimination and vicarious liability for Dolmetsch's tortious conduct). Subsequently, plaintiff sought leave to amend her complaint to add causes of action for malpractice and negligent supervision. This Court affirmed Supreme Court's order permitting the addition of a malpractice cause of action but denying the addition of a negligent supervision cause of action (246 A.D.2d 723). On the instant appeal, plaintiff seeks review of Supreme Court's dismissal of the complaint in its entirety as against CHP.
In the proceedings below, plaintiff offered no opposition to that portion of CHP's motion seeking dismissal of all causes of action asserted against it which were predicated on Dolmetsch's intentional conduct. Instead, plaintiff opposed CHP's motion by cross-moving for summary judgment in her favor against CHP based on Dolmetsch's alleged negligent psychotherapeutic treatment,
Ordered that the order is affirmed, without costs.
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