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PADRO v. VISITING NURSES SERVICE OF NEW YORK

276 A.D.2d 352 (2000)

714 N.Y.S.2d 438

JOSE PADRO, Appellant, v. VISITING NURSES SERVICE OF NEW YORK et al., Respondents.

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

Decided October 17, 2000.

Plaintiff alleges that, while employed by defendants, he was assigned to care for a patient who had him arrested upon a false accusation. These allegations state no cognizable claim against defendants since the complained of acts are properly attributable solely to the patient and not to any act or omission by defendants (see, Ventricelli v Kinney Sys. Rent A Car, 45 N.Y.2d 950). Moreover...

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