21 A.D.2d 683 | N.Y. App. Div. | 1964
In an action to recover damages for personal injury, medical expenses and loss of services, the defendant appeals as limited by its brief, from so much of an order of the Supreme Court, Kings County, dated December 13, 1963, as granted plaintiffs’ motion, pursuant to subdivision (b) of 3211 of the Civil Practice Law and Rules, to dismiss the first defense pleaded in its answer on the ground that such defense is insufficient on its face. Order, insofar as appealed from, affirmed, with $10 costs and disbursements. The accident occurred in Oregon. In the first defense the defendant alleged that it “ is an eleemosynary institution and immune from liability.” Since Oregon has overruled its earlier decisions which conferred upon charitable institutions immunity from liability for the torts of their servants [Hungerford v. Portland Sanitarium & Benevolent Assn., 384 P. 2d 1009 [Ore., 1963]; Wicklander v. Salem Memorial Hosp., 385 P. 2d 617 [Ore., 1963]), the rule as to the immunity of a