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Rosner v. Maimonides Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jul 28, 1980
77 A.D.2d 652 (N.Y. App. Div. 1980)

Opinion

July 28, 1980


In an action to recover damages resulting from an unlawful sexual attack upon plaintiff while a patient at Maimonides Hospital, the hospital appeals, as limited by its notice of appeal and brief, from stated portions of an order of the Supreme Court, Kings County, dated November 19, 1979, which, inter alia, struck so much of its first affirmative defense as alleged that plaintiff's second cause of action was barred by the one-year Statute of Limitations governing intentional torts. Order affirmed insofar as appealed from, without costs or disbursements. Special Term properly held that plaintiff's second cause of action was not barred by the one-year Statute of Limitations governing intentional torts. We note, however, that the second cause of action sets forth a cause of action in negligence and not, as found by Special Term, in contract. As such, it is governed by the three-year Statute of Limitations (see CPLR 214, subd 5). Hopkins, J.P., Damiani, Titone and Lazer, JJ., concur.


Summaries of

Rosner v. Maimonides Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jul 28, 1980
77 A.D.2d 652 (N.Y. App. Div. 1980)
Case details for

Rosner v. Maimonides Hospital

Case Details

Full title:ROCHELLE ROSNER, Respondent, v. MAIMONIDES HOSPITAL, Appellant, et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 28, 1980

Citations

77 A.D.2d 652 (N.Y. App. Div. 1980)