IN THE MATTER OF CLAIM OF MATTALDI v. BETH ISRAEL MEDICAL CENTER


29 A.D.3d 1192 (2006)

814 N.Y.S.2d 808

In the Matter of the Claim of MARY MATTALDI, Respondent, v. BETH ISRAEL MEDICAL CENTER et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

May 18, 2006.


Cardona, P.J.

In the early morning hours of March 25, 1996, claimant, a radiology associate employed by Beth Israel Medical Center, was sleeping in an X-ray room between shifts when she was raped by an assailant. Since claimant worked a shift that did not end until midnight and was scheduled for a 7:00 A.M. shift, she decided to get more sleep by staying at work rather than going home. As a result of the attack, claimant commenced a negligence action against Beth...

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