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Fuller v. St. Barnabas Hospital
271 A.D.2d 269
| N.Y. App. Div. | 2000
|
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—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered August 26, 1999, which, in an action by a psychiatric patient for personal injuries sustained in defendant hospital when plaintiff was attacked by two fellow psychiatric patients on the ward, insofar as appealed from, denied the motion of defendant-appellant for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

An issue of fact exists as to whether the attack on plaintiff was a reasonably foreseeable consequence of any failure by appellant to perform his administrative and managerial duties as director of the psychiatric unit, including whether the attack on plaintiff was a foreseeable consequence of placing her on a ward with inadequate policies in place to protect against physical attack (see, Bell v Board of Educ., 90 NY2d 944). Concur— Lerner, J. P., Andrias, Saxe, Buckley and Friedman, JJ.

Case Details

Case Name: Fuller v. St. Barnabas Hospital
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Apr 11, 2000
Citation: 271 A.D.2d 269
Court Abbreviation: N.Y. App. Div.
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