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STEVENSON v. GOOMAR

148 A.D.2d 217 (1989)

Carolyn D. Stevenson, Respondent, v. Mohinder Goomar, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 20, 1989

Attorney(s) appearing for the Case

Carter, Conboy, Bardwell, Case, Blackmore & Napierski (Dianne Bresee Mayberger of counsel), for appellant.

Kindlon & Willsey, P. C. (Terence L. Kindlon of counsel), for respondent.

WEISS and HARVEY, JJ., concur with CASEY, J. P.; MIKOLL, J., concurs in a separate opinion; LEVINE, J., dissents and votes to affirm in a separate opinion.

CASEY, J. P.

In this tort action, plaintiff seeks to recover damages from defendant, a physician, for injuries allegedly sustained as a result of assault and battery, false imprisonment and medical malpractice. All three causes of action are based upon allegations that defendant sexually assaulted plaintiff during a visit to his office as a patient. In addition to this action, plaintiff filed a criminal complaint...

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