ERVIN v. BRONX LEBANON HOSPITAL CENTER


17 A.D.3d 301 (2005)

794 N.Y.S.2d 41

DAVID ERVIN, Appellant, v. BRONX LEBANON HOSPITAL CENTER et al., Respondents, et al., Defendants.

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

April 28, 2005.


No triable issue was raised as to whether defendants Bronx Lebanon Hospital Center and Dr. Sunderwirth engaged in willful misconduct or were grossly negligent in making the disputed report of child abuse. Accordingly, since no grounds have been adduced upon which the hospital and Dr. Sunderwirth's actions in connection with the child abuse report might be deprived of the qualified immunity conferred by Social Services Law § 419, summary judgment dismissing the claims...

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