ODDO v. QUEENS VIL. COMM.

300305/11, 15615

135 A.D.3d 211 (2015)

21 N.Y.S.3d 53

2015 NY Slip Op 08943

ANTHONY ODDO, Respondent, v. QUEENS VILLAGE COMMITTEE FOR MENTAL HEALTH FOR JAMAICA COMMUNITY ADOLESCENT PROGRAM, INC., Appellant.

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

Decided December 3, 2015.


Attorney(s) appearing for the Case

Marshall Conway & Bradley, P.C., New York City ( Jeffrey A. Marshall and Amy S. Weissman of counsel), for appellant.

Burns & Harris, New York City ( Christopher J. Donadio , Blake G. Goldfarb and Judith F. Stempler of counsel), for respondent.

GONZALEZ, P.J., RENWICK and FEINMAN, JJ., concur with SWEENY, J.; SAXE, J., dissents.


OPINION OF THE COURT

The issue before us is whether a residential substance abuse treatment facility owes a duty of care to a third party against whom one of its residents commits a violent act after his termination from its program. Under the facts of this case, we conclude that it does and that there are material questions...

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