Stolarski v. Desimone
| Decision Date | 26 April 2011 |
| Citation | 922 N.Y.S.2d 151,2011 N.Y. Slip Op. 03583,83 A.D.3d 1042 |
| Parties | Arlene STOLARSKI, etc., et al., respondents,v.Donald DeSIMONE, et al., appellants.(and a third-party action). |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Meagher & Meagher, P.C., White Plains, N.Y. (Christopher B. Meagher of counsel), for appellant Donald DeSimone.Lewis Brisbois Bisgard & Smith, LLP, New York, N.Y. (George Catlett of counsel), for appellant Family Services of Westchester, Inc.Law Offices of Anthony J. Pirrotti, P.C., Ardsley, N.Y., for respondents.JOSEPH COVELLO, J.P., PLUMMER E. LOTT, SHERI S. ROMAN, and ROBERT J. MILLER, JJ.
[922 N.Y.S.2d 152 , 83 A.D.3d 1043]
In an action to recover damages for wrongful death and conscious pain and suffering, etc., (1) the defendant Family Services of Westchester, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Colabella, J.), entered January 4, 2010, as denied that branch of its motion which was for summary judgment dismissing the complaint insofar as asserted against it, and (2) the defendant Donald DeSimone appeals, as limited by his brief, from so much of an order of the same court entered January 5, 2010, as denied his separate motion for summary judgment dismissing the complaint insofar as asserted against him.
ORDERED that one bill of costs is awarded to the defendant Donald DeSimone, payable by the plaintiffs, and one bill of costs is awarded to the plaintiffs, payable by the defendant Family Services of Westchester, Inc.
On October 15, 2005, Erin Stolarski (hereinafter the decedent) who, since 2004 had shared an apartment with her then-boyfriend, the defendant Donald DeSimone, took an overdose of prescription medication in an apparent suicide attempt. DeSimone, a police officer with the police department of the Village of Port Chester, testified at his deposition that he had ended his relationship with the decedent in September 2005, and that several hours prior to the decedent's apparent suicide attempt, he had directed her to move out of the apartment. As a result of the suicide attempt, the decedent was hospitalized at Greenwich Hospital (hereinafter the hospital). After the decedent was discharged from the hospital on October 17, 2005, she moved in with her parents, and was referred to the defendant Family Services of Westchester, Inc. (hereinafter Family Services).
After two consultations with a social worker at Family Services , on October 28, 2005, the decedent returned to DeSimone's apartment, and shot herself in the head with his .45–caliber pistol. Thereafter, the decedent's parents commenced this action against DeSimone and Family Services to recover damages for wrongful death and conscious pain and suffering. The Supreme Court subsequently denied DeSimone's motion and that branch of the separate motion of Family Services which was for summary judgment dismissing the complaint insofar as asserted against each of them.
“Under certain circumstances, a tortfeasor may be held liable for the suicide of a person that is the result of the tortfeasor's negligent conduct, provided the suicide is a foreseeable...
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...suicide under certain circumstances and where suicide is a foreseeable consequence of such conduct (see Stolarski v. DeSimone, 83 A.D.3d 1042, 1044, 922 N.Y.S.2d 151 [2011] ; Watkins v. Labiak, 282 A.D.2d 601, 602, 723 N.Y.S.2d 227 [2001], lv. dismissed 96 N.Y.2d 897, 730 N.Y.S.2d 793, 756 ......
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Stolarski v. Family Servs. of Westchester, Inc.
...her breakup with her boyfriend, took an overdose of prescription medication in an apparent suicide attempt ( see Stolarski v. DeSimone, 83 A.D.3d 1042, 1043, 922 N.Y.S.2d 151). After she was hospitalized, she was referred to the defendant Family Services of Westchester, Inc. (hereinafter Fa......