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KOWALSKI v. ST. FRANCIS HOSP.

No. 128.

21 N.Y.3d 480 (2013)

995 N.E.2d 148

972 N.Y.S.2d 186

2013 NY Slip Op 4756

KEVIN KOWALSKI, Appellant, v. ST. FRANCIS HOSPITAL AND HEALTH CENTERS et al., Respondents, et al., Defendants.

Court of Appeals of New York.

Decided June 26, 2013.

Attorney(s) appearing for the Case

Bleakley Platt & Schmidt, White Plains ( Susan E. Galvão , John P Hannigan , Vincent W. Crowe and Robert D. Meade of counsel), for appellant.

The Law Offices of Steinberg, Symer & Platt, LLP, Poughkeepsie ( Robert R. Haskins of counsel), for St. Francis Hospital and Health Centers, respondent.

Wilson, Elser, Moskowitz, Edelman Dicker LLP, New York City ( Robert A. Spolzino , Judy C. Selmeci , Marshal S. Endick and Jeffrey B. Araten ), of counsel for Chandra M.D., respondent.

Phelan, Phelan & Danek, LLP, Albany ( Timothy S. Brennan of counsel), for Emergency Physician Services of New York, PC., respondent.

OPINION OF THE COURT

SMITH, J.

We hold that, on the facts of this case, a hospital and an emergency room doctor did not owe an intoxicated patient a duty to prevent him from leaving the hospital.

I

Plaintiff was brought by a friend to the emergency room of defendant St. Francis Hospital and Health Centers, seeking admission to St. Francis's detoxification facility, known as "Turning...

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