McCREARY v. ST. LUKE'S-ROOSEVELT HOSPITAL CENTER

3834, 114348/06.

80 A.D.3d 499 (2011)

914 N.Y.S.2d 631

DAVID McCREARY, Respondent, v. ST. LUKE'S-ROOSEVELT HOSPITAL CENTER, Sued Herein as ST. LUKE'S HOSPITAL, Appellant.

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

Decided January 18, 2011.


Plaintiff, while a voluntary inpatient of defendant hospital's detoxification unit, was injured in a physical altercation allegedly instigated by another patient. On this record, the hospital was entitled to summary judgment dismissing plaintiff's complaint alleging negligent supervision of the other patient, as plaintiff failed to rebut the hospital's prima facie showing that it lacked "[a]ctual or constructive notice . . . of prior similar conduct" by the other patient...

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