LaMarque v. North Shore University Hospital

Full title: HENRI LaMARQUE et al., Appellants, v. NORTH SHORE UNIVERSITY HOSPITAL et…

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

Date published: Mar 17, 1994

202 A.D.2d 300 (N.Y. App. Div. 1994)

610 N.Y.S.2d 769

Opinion

March 17, 1994

Appeal from the Supreme Court, Nassau County (John Lockman, J.).

The complaint was properly dismissed, there being no triable issue of fact with respect to either cause of action. Concerning the cause of action for false imprisonment, defendants established that plaintiff's involuntary confinement at North Shore University Hospital was in accordance with the procedures set forth in the Mental Hygiene Law, and thus privileged. Concerning the cause of action for defamation, defendants established that the offending statements were made in response to plaintiff's application for insurance, and thus also privileged, thereby requiring plaintiff to come forward with evidence that the statements were motivated by actual malice (Gould v. Broad, 22 A.D.2d 800, affd 16 N.Y.2d 666), a burden he failed to meet.

Concur — Sullivan, J.P., Carro, Wallach, Kupferman and Ross, JJ.