GARCIA v. MONTEFIORE MEDICAL CENTER


293 A.D.2d 264 (2002)

740 N.Y.S.2d 307

CARMEN GARCIA, Appellant, v. MONTEFIORE MEDICAL CENTER et al., Respondents, et al., Defendant.

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

Decided April 4, 2002.


The record discloses no triable issue as to whether defendants-respondents' failure to discharge plaintiff's decedent from prison, where she had received psychiatric treatment, pursuant to a written discharge plan (see, Mental Hygiene Law § 29.15 [h]), proximately caused her the harm alleged, namely that her prison therapist would subsequently contact her and coerce her into prostitution. The therapist's alleged actions were entirely for his own interests, and...

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