Mataxas v. North Shore University Hosp.
| Decision Date | 30 January 1995 |
| Citation | 621 N.Y.S.2d 683,211 A.D.2d 762 |
| Parties | Joanne MATAXAS, Respondent, v. NORTH SHORE UNIVERSITY HOSPITAL, et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Fager & Amsler, East Meadow (Joseph Arthur Hanshe, of counsel), for appellants.
Suzanne G. Parker, Roslyn, for respondent.
Before SULLIVAN, J.P., and MILLER, COPERTINO and JOY, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages, inter alia, for assault and sexual abuse, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Roncallo, J.), entered July 22, 1993, as denied the branch of their motion which was for summary judgment dismissing the second and third causes of action.
ORDERED that the defendant North Shore University Hospital is awarded one bill of costs.
On December 23, 1990, the plaintiff was allegedly sexually molested by a technician employed by the defendant North Shore University Hospital (hereinafter the hospital) while she was undergoing a CAT scan. The plaintiff brought this action against the technician and the hospital, asserting three causes of action: the first to recover damages for assault and sexual abuse, the second to recover damages for the hospital's failure to safeguard the plaintiff, and the third to recover damages for the hospital's failure to adequately supervise the technician and for negligently hiring him. The defendants moved for summary judgment dismissing the complaint. They argued that the first cause of action was untimely and that the other causes of action should be dismissed because the hospital could not be held liable for the tortious acts of its employee. The Supreme Court dismissed the first cause of action as untimely, but it denied the motion with regard to the second and third causes of action.
The Supreme Court should have granted the motion in its entirety. Under the circumstances of this case, it is clear that the technician's alleged acts were...
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