STRATAKIS v. FERNCLIFF MANOR HOME FOR THE HANDICAPPED


308 A.D.2d 397 (2003)

764 N.Y.S.2d 431

EMANUEL STRATAKIS, Respondent, v. FERNCLIFF MANOR HOME FOR THE HANDICAPPED, Now Known as FERNCLIFF MANOR FOR THE RETARDED, INC., Appellant.

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

Decided September 25, 2003.


The motion court properly concluded that there are factual issues as to whether defendant's employees acted in good faith in making reports of sexual abuse against plaintiff so as to be entitled to the statutory immunity provided by Social Services Law § 419. Plaintiff's allegation that defendant's employees were motivated to file baseless charges against him in retaliation for his numerous and vociferous complaints respecting the care they provided his institutionalized...

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