RYDZYNSKI v. NORTH SHORE UNIVERSITY HOSPITAL


262 A.D.2d 630 (1999)

692 N.Y.S.2d 694

VICTORIA RYDZYNSKI, Respondent, v. NORTH SHORE UNIVERSITY HOSPITAL et al., Appellants.

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

Decided June 28, 1999.


Ordered that the order is affirmed, with costs.

In order to be liable for common-law negligence, it must be shown that the defendant owed the plaintiff some duty (Pulka v Edelman, 40 N.Y.2d 781, 782). The courts of this State have held that a school or learning facility does not stand in the position of in loco parentis to adult students attending classes (see, Eiseman v State of New York, 70 N.Y.2d...

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