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JEFFREYS v. GRIFFIN

1 N.Y.3d 34 (2003)

801 N.E.2d 404

769 N.Y.S.2d 184

CHRISTINE A. JEFFREYS, Appellant, v. PATRICK H. GRIFFIN, Respondent.

Court of Appeals of the State of New York.

Decided October 30, 2003.

Attorney(s) appearing for the Case

Barry S. Gedan, Riverdale, for appellant.

Michael C. Marcus, New York City, for respondent.

Donald R. Moy, Lake Success, for Medical Society of the State of New York, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

READ, J.

This appeal calls upon us to decide whether a finding of sexual misconduct by a Hearing Committee of the New York State Department of Health's Board for Professional Medical Conduct precludes defendant physician from contesting liability for assault and battery in plaintiff patient's civil action to recover money damages. In light of the circumstances of this case and the flexible nature of the doctrine of collateral estoppel...

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