Opinion
05-10-2016
Esteevered DJEDDAH, Plaintiff–Respondent, v. Daniel Turk WILLIAMS, M.D., Defendant–Appellant.
Callan, Koster, Brady & Nagler LLP, New York (Stuart Bernstein of counsel), for appellant. Kramer & Dunleavy, LLP, New York (Lenore Kramer of counsel), for respondent.
Callan, Koster, Brady & Nagler LLP, New York (Stuart Bernstein of counsel), for appellant.
Kramer & Dunleavy, LLP, New York (Lenore Kramer of counsel), for respondent.
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered May 18, 2015, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
On a prior appeal, this Court found that plaintiff raised issues of fact as to whether she suffered physical and psychological injuries proximately caused by defendant's failure to timely report her allegations of abuse by her father (89 A.D.3d 513, 514, 932 N.Y.S.2d 60 [1st Dept.2011] ). In this second motion for summary judgment, made after completion of discovery and after permission to file such motion was granted by the court, defendant relied on additional evidence in support of his motion (see Kobre v. United Jewish Appeal–Fedn. of Jewish Philanthropies of N.Y., Inc., 32 A.D.3d 218, 222, 819 N.Y.S.2d 737 [1st Dept.2006], lv. denied 7 N.Y.3d 715, 826 N.Y.S.2d 181, 859 N.E.2d 921 [2006] ). Therefore, the law of the case doctrine did not bar consideration of the motion (compare Kenney v. City of New York, 74 A.D.3d 630, 903 N.Y.S.2d 53 [1st Dept.2010] ).
Nevertheless, factual issues still exist as to whether defendant violated Social Services Law § 413 by failing to report plaintiff's allegations of abuse to the appropriate authorities, and whether such failure was a proximate cause of her claimed psychological and emotional injuries.
MAZZARELLI, J.P., RENWICK, SAXE, GISCHE, KAHN, JJ., concur.