WILLOUGHBY v. MOUNT SINAI HOSPITAL


15 A.D.3d 264 (2005)

790 N.Y.S.2d 437

TANYAYETTE WILLOUGHBY et al., Appellants, v. MOUNT SINAI HOSPITAL, Respondent.

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

February 15, 2005.


An issue of fact exists as to whether, inter alia, plaintiff consented to all or part of the alleged 14-day unlawful confinement (see Parvi v City of Kingston, 41 N.Y.2d 553, 556 [1977]). Such issue is raised by plaintiff's own evidence that she voluntarily went to defendant's emergency room and four days later signed a "Seventy-Two Hour Retraction Letter" in which she stated her willingness to remain at defendant hospital as a voluntary...

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