DOE v. STATE OF NEW YORK

708 CA 21-01280.

208 A.D.3d 1645 (2022)

176 N.Y.S.3d 402

2022 NY Slip Op 05459

Jane Doe, Respondent, v. State of New York, Appellant. (Claim No. 125775.)

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

Decided September 30, 2022.


Attorney(s) appearing for the Case

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( CHRISTOPHER ANDREW LIBERATI-CONANT OF COUNSEL), FOR DEFENDANT-APPELLANT.

Present—Smith, J.P., Peradotto, NeMoyer, Curran and Bannister, JJ.


It is hereby ordered that the interlocutory judgment so appealed from is unanimously reversed on the law without costs and that part of the motion seeking partial summary judgment on the issue of liability is denied.

Memorandum: Claimant commenced this action to recover damages resulting from an incident in which claimant, a patient at a healthcare facility owned and operated by defendant, State of New York (State), was sexually assaulted by another patient at the...

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