Opinion
9079 Index 154413/13 595632/14
04-23-2019
Thomas H. CHRISTOPHEL, etc., Plaintiff–Appellant, v. NEW YORK–PRESBYTERIAN/WEIL MEDICAL COLLEGE OF CORNELL UNIVERSITY ANESTHESIOLOGY RESIDENCY TRAINING PROGRAM, et al., Defendants, Bridge Back to Life, Defendant–Respondent. Bridge Back to Life Center, Inc., Third–Party Plaintiff–Respondent, v. The New York Presbyterian Hospital, Third–Party Defendant.
Leland T. Williams, Rochester, for appellant. Lewis Brisbois Bisgaard & Smith LLP, New York (Peter T. Shapiro of counsel), for respondent.
Leland T. Williams, Rochester, for appellant.
Lewis Brisbois Bisgaard & Smith LLP, New York (Peter T. Shapiro of counsel), for respondent.
Renwick, J.P., Gische, Webber, Singh, JJ.
Order, Supreme Court, New York County (Joan A. Madden, J.), entered on or about January 22, 2018, which, to the extent appealed from as limited by the briefs, granted the motion of defendant/third-party plaintiff Bridge Back to Life Center, Inc., for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
The record amply demonstrates that decedent repeatedly denied suicidal ideation, and none of her treating doctors, family, friends, or colleagues had any suspicion that she was at risk of suicide. Since there was no indication that decedent was suicidal, and both parties' experts agreed that decedent's decision to commit suicide was an "impulsive" act, Bridge Back to Life Center cannot be held liable for decedent's death as a foreseeable injury of the alleged negligence ( Morillo v. New York City Health & Hosps. Corp., 166 A.D.3d 525, 87 N.Y.S.3d 158 [1st Dept. 2018] ; see also Hain v. Jamison, 28 N.Y.3d 524, 531–532, 46 N.Y.S.3d 502, 68 N.E.3d 1233 [2016] ; Cygan v. City of New York, 165 A.D.2d 58, 67, 566 N.Y.S.2d 232 [1st Dept. 1991], lv denied 78 N.Y.2d 855, 573 N.Y.S.2d 645, 578 N.E.2d 443 [1991] ).
We have considered plaintiff's remaining contentions and find them unavailing.