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JUDITH M. v. SISTERS OF CHARITY HOSPITAL

93 N.Y.2d 932 (1999)

715 N.E.2d 95

693 N.Y.S.2d 67

JUDITH M., Appellant, v. SISTERS OF CHARITY HOSPITAL, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 3, 1999.

Attorney(s) appearing for the Case

Paul William Beltz, P. C., Buffalo (Robert B. Nichols of counsel), for appellant.

Phillips, Lytle, Hitchcock, Blain & Huber, L. L. P., Buffalo (Peter D. Braun, Paul Morrison-Taylor and Christopher S. Nickson of counsel), for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff alleges that a hospital employee sexually abused her while she was an inpatient at Sisters of Charity Hospital. In this action to recover compensatory and punitive damages, plaintiff seeks to hold the Hospital vicariously liable for the orderly's actions, and directly liable for its negligent hiring, retention and supervision of the employee...

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