1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 280 A.D.2d
  5. 280 A.D.2d 34 (2001)
 

N. X. v. CABRINI MED. CTR.

280 A.D.2d 34 (2001)

719 N.Y.S.2d 60

N. X., Respondent-Appellant, v. CABRINI MEDICAL CENTER, Appellant-Respondent, et al., Defendant.

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

January 18, 2001.

Attorney(s) appearing for the Case

Charles Palella for respondent-appellant.

Daniel S. Ratner of counsel (Daryl Paxson on the brief; Heidell, Pittoni, Murphy & Bach, L. L. P., attorneys), for appellant-respondent.

WILLIAMS, J.P., and BUCKLEY, J., concur with FRIEDMAN, J.; RUBIN and SAXE, JJ., dissent in a separate opinion by SAXE, J.

OPINION OF THE COURT

FRIEDMAN, J.

The issue presented by this appeal is whether a hospital may be held liable for a sexual assault committed by a surgical resident either (a) because the assault is regarded as being within the scope of the resident's employment, or (b) because the hospital's nurses, who had no reason to know of the resident's deviant proclivities and were unaware that an assault was occurring, were in close proximity. In our view, settled...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases