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KATHERINE F. v. STATE OF NY

94 N.Y.2d 200 (1999)

723 N.E.2d 1016

702 N.Y.S.2d 231

KATHERINE F., an Infant, by Her Mother and Natural Guardian KATHLEEN PEREZ, et al., Appellants, v. STATE OF NEW YORK, Respondent.

Court of Appeals of the State of New York.

Decided November 30, 1999.

Attorney(s) appearing for the Case

Brand, Brand & Burke, New York City (Michael H. Zhu of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Gina M. Ciccone, Preeta D. Bansal and Peter H. Schiff of counsel), for respondent.

New York Lawyers for the Public Interest, New York City (John A. Gresham, Dennis Boyd and Marianne Engelman Lado of counsel), Winston & Strawn (Daniel R. Murdock and Jeremy F. Manning of counsel) and Mental Hygiene Legal Service (Marvin Bernstein of counsel), for Center for Independence of the Disabled in New York and others, amici curiae.

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

OPINION OF THE COURT

CIPARICK, J.

Claimant commenced this action on behalf of her infant daughter, Katherine F., to recover damages for injuries the child allegedly sustained while a patient at defendant Bronx Children's Psychiatric Center. Claimant alleges that on several occasions during August 1993, a hospital employee sexually abused and assaulted her then 14-year-old daughter. In her discovery demand...

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