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JOHNSON v. NYC HEALTH & HOSPS

246 A.D.2d 88 (1998)

676 N.Y.S.2d 38

Eric A. Johnson, Individually and as Administrator of The Estate of Kathryn Hinnant Johnson, Deceased, Appellant, v. New York City Health and Hospitals Corporation, Respondent, et al., Defendants

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

June 18, 1998

Attorney(s) appearing for the Case

Thomas A. Moore of counsel, New York City (Matthew Gaier and Norman Bard on the brief; Kramer, Dillof, Tessel, Duffy & Moore, attorneys), for appellant.

Margaret G. King of counsel, New York City (Stephen J. McGrath on the brief; Paul A. Crotty, Corporation Counsel of New York City, attorney), for respondent.

MILONAS, J. P., and WALLACH, J., concur with WILLIAMS, J.; ROSENBERGER and MAZZARELLI, JJ., dissent in a separate opinion by ROSENBERGER, J.

WILLIAMS, J.

Plaintiff Eric A. Johnson brought a wrongful death action seeking damages for defendants' negligence in failing to provide minimal security to protect his wife, Dr. Kathryn Hinnant, a pathologist at Bellevue Hospital Center (Bellevue). Dr. Hinnant was murdered and sexually assaulted in her office on Saturday, January 7, 1989 at approximately 4:00 P.M. by Steven Smith, a homeless intruder who had...

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