Opinion
April 11, 2000.
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.
James W. Shuttleworth, III, for plaintiff-respondent.
Lisa Mudd, for defendant-appellant.
LERNER, J.P., ANDRIAS, SAXE, BUCKLEY, FRIEDMAN, JJ.
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 N.Y.2d 944).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.