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LYNSKEY v. BAILEY

8 Misc.3d 107 (2005)

PETER J. LYNSKEY, Respondent, v. JOYCE BAILEY, M.D., Appellant.

Supreme Court, Appellate Term, Second Department.

May 23, 2005.

Attorney(s) appearing for the Case

Garfunkel, Wild & Travis, P.C., Great Neck (Andrew L. Zwerling of counsel), for appellant.

Reingold & Tucker, Brooklyn (Jordan W. Tucker of counsel), for respondent.

PESCE, P.J., and RIOS, J., concur; BELEN, J., concurs in part and dissents in part in a separate memorandum.

OPINION OF THE COURT

Memorandum.

Judgment reversed without costs and matter remanded to the court below for a new trial limited to the issue of damages in accordance with the decision herein.

To establish a cause of action for false imprisonment, "the plaintiff must show that: (1) the defendant intended to confine him, (2) the plaintiff was conscious of...

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