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DAVIS v. BROOKDALE UNIV. HOSP. & MED. CTR.

10265/2006.

28 Misc.3d 788 (2010)

902 N.Y.S.2d 810

EVELYN DAVIS et al., Plaintiffs, v. BROOKDALE UNIVERSITY HOSPITAL & MEDICAL CENTER, et al., Defendants. BROOKDALE UNIVERSITY HOSPITAL & MEDICAL CENTER, Third-Party Plaintiff, v. NOVAN BENNETT, Third-Party Defendant.

Supreme Court, Kings County.

Decided June 4, 2010.

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York City ( Arlene Bergman of counsel), for Brookdale University Hospital & Medical Center, defendant and third-party plaintiff.

Ira D. Perlman and Robert D. Rosen, Roslyn, for plaintiffs.

OPINION OF THE COURT

MARTIN SCHNEIER, J.

In this case the plaintiff mother, while visiting her infant daughter in an in patient room in a hospital's pediatric ward, was assaulted and injured by another mother and her two friends who were visiting an infant in the adjoining bed. The assault occurred after the nursing staff was made aware of threatening and menacing behavior of the assailants which escalated...

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