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PETTY v. NORTH GENERAL HOSPITAL

1 A.D.3d 288 (2003)

767 N.Y.S.2d 590

LUTHER PETTY, Appellant, v. NORTH GENERAL HOSPITAL, Defendant, and BURNS INTERNATIONAL SECURITY SERVICES, Respondent.

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

November 25, 2003.

Plaintiff, who was among several individuals asked by a security guard to submit to a strip search before receiving treatment at defendant hospital, failed to establish the guard's intention to confine him, an essential element of the tort of false imprisonment (Broughton v State of New York, 37 N.Y.2d 451, 456 [1975], cert denied sub nom. Schanbarger v Kellogg, 423 U.S. 929 [1975]). The fact that plaintiff was a vulnerable...

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