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DIAZ v. NEW YORK DOWNTOWN HOSPITAL

99 N.Y.2d 542 (2002)

784 N.E.2d 68

754 N.Y.S.2d 195

EVA DIAZ, Appellant, v. NEW YORK DOWNTOWN HOSPITAL, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 12, 2002.

Attorney(s) appearing for the Case

Paul A. Shneyer, P.C., New York City (Paul A. Shneyer and Lawrence A. Goldberg of counsel), for appellant.

Martin, Clearwater & Bell, New York City (Patricia D'Alvia, Robert T. Whittaker and Michael H. Zhu of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff was sexually assaulted by a male technician while undergoing a transvaginal sonogram at defendant New York Downtown Hospital. At the time of the incident, plaintiff and the technician were alone in the examination room. Plaintiff commenced this action against the hospital alleging that it negligently hired, trained, supervised and retained...

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